People v. Scott

OPINION OF THE COURT

Hancock, Jr., J.

People v Scott

In Oliver v United States (466 US 170) the Supreme Court fully reaffirmed the doctrine articulated in Hester v United States (265 US 57): that in areas outside the curtilage, an owner of "open fields” enjoys no Fourth Amendment protection. This is so, the Oliver majority held, even for secluded lands and notwithstanding efforts of the owner to exclude the public by erecting fences or posting "No Trespassing” signs. In this appeal by defendant from a conviction for illegally growing marihuana on his land, we address the question expressly left…