Opinion

Oliver v. United States

  • 466 U.S. 170
  • 52 U.S.L.W. 4425
  • 104 S. Ct. 1735
  • 80 L. Ed. 2d 214
  • 1984 U.S. LEXIS 55
Court
Supreme Court of the United States
Filed
Apr 17, 1984
Status
Published
Author
White
On the bench
Powell, Burger, Blackmun, Rehnquist, O'Connor, White, Marshall, Brennan, Stevens
Cited by
1,660 cases

Declined to follow by State v. Kirchoff, 156 Vt. 1 (1991)

reasoning that because open fields are accessible to the public and police in ways that a home, office or commercial structure would not be, and because fences or “No Trespassing” signs do not effectively bar the public from viewing open fields, the asserted expectation of privacy in open fields is not one that society recognizes as reasonable and the special protection accorded by the Fourth Amendment to people in their “persons, houses, papers, and effects” does not extend to open fields.

How later courts described this case

  • reasoning that because open fields are accessible to the public and police in ways that a home, office or commercial structure would not be, and because fences or “No Trespassing” signs do not effectively bar the public from viewing open fields, the asserted expectation of privacy in open fields is not one that society recognizes as reasonable and the special protection accorded by the Fourth Amendment to people in their “persons, houses, papers, and effects” does not extend to open fields.
  • holding that there is no reasonable expectation of privacy in open fields; “The existence of a property right is but one element in determining whether expectations of privacy are legitimate. The premise that property interests control the right of the Government to search and seize has been discredited.”
  • explaining that the curtilage “is the area to which extends the intimate activity associated with the sanctity of a [person’s] home and the privacies of life, and therefore has been considered part of the home itself for Fourth Amendment purposes” (internal quotation marks omitted)
  • concluding that “for most homes, the boundaries of the curtilage will be clearly marked; and the conception defining the curtilage — as the area around the home to which the activity of home life extends — is a familiar one easily understood from our daily experience.”

Written by the judges who cited it.

Later courts went against this

  • Declined to follow by State v. Kirchoff, 156 Vt. 1 (1991)

    Although we reject the per se rule in Oliver, the inquiry we have described does not wholly cast aside the reasonable-expectation-of-privacy framework that has ordered Fourth Amendment jurisprudence since Katz in 1967 and has been reiterated in the case law since.
    Supreme Court of VermontJan 25, 1991Read it
  • Declined to follow by People v. Scott, 79 N.Y.2d 474 (1992)

    For reasons which follow, we hold that the Oliver ruling does not adequately protect fundamental constitutional rights (see, People v P. J. Video, 68 NY2d 296, 303-306) and we decline to adopt it.
    New York Court of AppealsApr 2, 1992Read it

Distinguished

  • Distinguished by United States v. Broadhurst, 805 F.2d 849 (1986)

    In this case, the construction of a greenhouse strongly suggests that Oliver is inapplicable.
    Court of Appeals for the Ninth CircuitDec 2, 1986Read it

The opinion

Justice White,

concurring in part and concurring in the judgment.

I concur in the judgment and join Parts I and II of the Court’s opinion. These Parts dispose of the issue before us; there is no need to go further and deal with the expectation of privacy matter. However reasonable a landowner’s expectations of privacy may be, those expectations cannot convert a field into a “house” or an “effect.”

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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