LoGiudice v. State

I dissent from the court’s dismissal of the grant of certiorari in this case. We granted certiorari to consider an important Fourth Amendment question: Whether the decision in Katz v. United States, 389 U. S. 347 (88 SC 507, 19 LE2d 576) (1967), modified the “open fields” doctrine first announced in Hester v. United States, 265 U. S. 57 (44 SC 445, 68 LE 898) (1924), to require a warrant for the search of a secluded field when a reasonable expectation of privacy can be shown to exist in that field. I believe that it did and, accordingly, would reverse.

Appellant Thomas LoGiudice was charged…