9.1: Oliver v. United States

PETITIONER                                                                                 RESPONDENT

Oliver                                                                                        United States

LOCATION

Sugar Camp Road

DOCKET NO.                                                                                  DECIDED BY

82-15                                                                                         Burger Court

LOWER COURT

United States Court of Appeals for the Sixth Circuit

CITATION

466 US 170 (1984)

ARGUED

Nov 9, 1983

DECIDED

Apr 17, 1984

ADVOCATES

Donna L. Zeegers on behalf of the Respondent

Thornton Wayne S. Moss on behalf of the Petitioner Maine

Frank E. Haddad, Jr. on behalf of the Petitioner

Oliver Alan I. Horowitz on behalf of the Respondent United States

Facts of the case

These are two consolidated cases involving the discovery of open marijuana fields as the result of unwarranted searches of privately owned land.

In the first case, Kentucky State police searched Ray E. Oliver's farm, acting on reports that marijuana was grown there. A gate marked with a "No Trespassing" sign surrounded the field.

Police found marijuana in the field about a mile from Oliver's home. Before trial, the United States District Court for the Western District of Kentucky suppressed evidence found in the search on the ground that Oliver had a reasonable expectation that his field would remain private. This expectation triggered the Fourth Amendment's protection against unreasonable searches and seizures. The Court of Appeals for the Sixth Circuit reversed under the open field doctrine. The open field doctrine states that a citizen's protection from unwarranted search does not extend to open fields.

In the second case, police searched the woods behind Richard Thornton's property after an anonymous tip. Police found two marijuana patches on Thornton's land. The Main Superior Court granted Thornton's motion to suppress evidence found in the search for the same reasons as the Oliver case. On appeal, the Supreme Judicial Court of Main affirmed.

Question

Does the open field doctrine apply when police officers knowingly enter privately owned fields without a warrant?

Conclusion

6–3 Decision

FOR	AGAINST
Blackmun White Powell Burger O’Conner Rehnquist	Marshall Brennan Stevens

Yes. In a 6-3 vote, Justice Lewis F. Powell, Jr. wrote for the majority, stating that the open field doctrine applies to both cases. Individuals cannot legitimately expect privacy for activities conducted out in the open except in the area immediately surrounding their house. Also, the act of police officers entering a privately owned field is not automatically a search for Fourth Amendment purposes even if it is a common law trespass. Oliver's case was affirmed, and Thornton's was reversed and remanded.

Justice Byron White wrote a special concurrence, saying that there was no need for the majority to deal with the expectation of privacy issue because a field is clearly not a "house" or an "effect" under the Fourth Amendment. Justice Thurgood Marshall wrote a dissent, contending that the law should protect private land that is marked as such against unreasonable searches and seizures. Justice William J. Brennan and Justice John P. Stevens joined Justice Marshall's dissent.

Contributors and Attributions

• Larry Alvarez (Faculty of Administration of Justice Instructor and Administration of Justice at College of the Canyons)