Open Field Doctrine

[rjmt]

Says who?

RCW 10.31.100: Arrest without warrant.

 

[Cavedweller]

RCW 10.31.100: Arrest without warrant.

I guess I should have elaborated. I understand probable cause. My question is, who says hearing gunshots coming from a rural property, where it is not illegal to discharge a firearm, in and of itself constitutes probable cause?

 

[rjmt]

Says who?

by your posted location, you are in Oregon
the Open Field doctrine does not apply in Oregon since 1988

State v. Dixson

State v. Dixson - 307 Or. 195, 766 P.2d 1015

law.justia.com

 

[ilikegunspdx]

Game camera's. If you see "someone" put up electronics? Go back and take them down and trash them. Let them see how many they want to buy.

Reminds me of this video. I do get the distinct feeling that it is only telling that dude's side. Reading between the lines sounds like they were trying to catch him poaching? No clue but kinda creepy.

View: https://youtu.be/qzYeaV5cngY?si=fi558WyqRgR8edcl

 

[L84Cabo]

The article doesn't quite define what constitutes an, "open field." I assume that if you had, say, a barbed wire fence around the field, it is no longer an, "open field?"

 

[ma96782]

by your posted location, you are in Oregon
the Open Field doctrine does not apply in Oregon since 1988

State v. Dixson

State v. Dixson - 307 Or. 195, 766 P.2d 1015

law.justia.com

BUT, But, but........

OR is pro-MJ. So, I'd expect that outcome.

Aloha, Mark

PS........

 

[Provincial]

BUT, But, but........

OR is pro-MJ. So, I'd expect that outcome.

Aloha, Mark

PS........

View attachment 1811755

The Oregon Supreme Court ruled that the drug conviction was upheld. In that ruling, they found that the signage (prohibiting hunting, but nothing else) did not prevent law enforcement from entering.

Reading between the lines, the Court was saying that official No Trespassing signs would have required law enforcement to get a search warrant to enter the property. This is the take-away from the case. Put up qualifying No Trespassing signs on points of entry to your property. Just about all store-bought signs should qualify.

 

[ma96782]

From the link State vs Dixson

A person who wishes to preserve a constitutionally protected privacy interest in land outside the curtilage must manifest an intention to exclude the public by erecting barriers to entry, such as fences, or by posting signs. This rule will not unduly hamper law enforcement officers in their attempts to curtail the manufacture of and trafficking in illegal drugs, because it does not require investigating officers to draw any deduction other than that required of the general public: if land is fenced, posted or otherwise closed off, one does not enter it without permission or, in the officers' situation, permission or a warrant.

Not really speaking ONLY about the case of State vs Dixson.

But, in general......I guess that it can/could be argued that there wasn't enough signs and that the signs that were erected were not clearly visible or on the specific trail that was used to access the property, etc.... etc...... Whatever, excuses, excuses......stuff like that usually ends up in court.

Aloha, Mark

PS.....Federal agents on your property in order to conduct surreptitious surveillance and possibly execute an arrest for a bench warrant. Rrrrrrright.....

Randy and Vicki Weaver's story. Mind you that this Wikipedia article has been greatly CLEANED UP (since I first read the story years ago).

Randy Weaver - Wikipedia

en.wikipedia.org

Do you think that the Feds were also (sort of) relying on "Open Fields"? Whatever......no need to get a SEARCH WARRANT* to enter private un-fenced property? Hummmm? Was there/were there any, "No Trespassing" signs? IDK.

STOP, Stop, stop........because Lon Horiuchi has his "Rules of Engagement" to follow. And, his superiors (who issued the orders) will never face a TRIAL.

Want more? https://www.britannica.com/event/Ruby-Ridge

*Lacking anything else. Mind you that, an ARREST WARRANT is not gonna allow the POLICE to enter into the last know home of a perp (24/7, if and when they feel like it). Just to search the entire house/home to look for him. Get a SEARCH WARRANT.