New York Law Review

Tag: open fields doctrine

  • People v. Scott, 79 N.Y.2d 474 (1992): State Constitution Affords Greater Privacy Protection for Posted Land

    People v. Scott, 79 N.Y.2d 474 (1992)

    Under the New York State Constitution, landowners who conspicuously post “No Trespassing” signs on their property have a reasonable expectation of privacy, protecting them from warrantless searches, even in open fields outside the curtilage of their home.

    Summary

    The New York Court of Appeals held that the “open fields” doctrine, as articulated by the U.S. Supreme Court in Oliver v. United States, does not adequately protect the privacy rights guaranteed by Article I, Section 12 of the New York State Constitution. The court ruled that landowners who post “No Trespassing” signs or otherwise manifest an intent to exclude others have a reasonable expectation of privacy on their property, even in areas outside the curtilage of their dwelling. This decision allows for greater protection against warrantless searches on private land under the New York Constitution than is afforded under the Fourth Amendment.

    Facts

    Defendant Scott owned 165 acres of rural, undeveloped land in Chenango County, New York. He resided in a mobile home on the property. Scott conspicuously posted “No Trespassing” signs around the perimeter of his property, spaced approximately every 20 to 30 feet. William Collar, a private citizen, trespassed on Scott’s property and observed marihuana plants under cultivation. Collar reported this to the State Police, who requested that he obtain a leaf from one of the plants. Collar complied. Investigator Hyman accompanied Collar onto the property where Hyman personally observed the plants. Neither Collar’s nor Hyman’s entries were authorized by Scott. Based on this information, police obtained a search warrant and seized the marihuana plants.

    Procedural History

    Scott was charged with criminal possession of marihuana. He moved to suppress the evidence seized during the search, arguing that the warrant was based on illegal entries onto his property. The County Court denied the motion, relying on Oliver v. United States. The Appellate Division affirmed, holding that the “open fields” doctrine applied and that Scott had no legitimate expectation of privacy. Scott appealed to the New York Court of Appeals.

    Issue(s)

    Whether the “open fields” doctrine, as articulated in Oliver v. United States, should be adopted as the law of New York State under Article I, Section 12 of the New York State Constitution, where a landowner has posted “No Trespassing” signs and otherwise manifested an intent to exclude the public.

    Holding

    No, because the Oliver ruling does not adequately protect fundamental constitutional rights under the New York State Constitution.

    Court’s Reasoning

    The court declined to adopt the U.S. Supreme Court’s ruling in Oliver v. United States, finding that it did not adequately protect the privacy rights guaranteed by the New York State Constitution. The court emphasized that Article I, Section 12 of the New York Constitution could provide greater protection than the Fourth Amendment. The court reasoned that landowners who conspicuously post “No Trespassing” signs or otherwise indicate that entry is not permitted have a reasonable expectation of privacy. The court distinguished Oliver by noting that the defendant in that case had not explicitly manifested an intent to exclude the public. The court emphasized the importance of the right to be let alone, citing Justice Brandeis’s dissent in Olmstead v. United States. The court criticized the Oliver court’s suggestion that the very conduct discovered by the government’s illegal trespass (i.e., growing marihuana) could be considered as a relevant factor in determining whether the police had violated the defendant’s rights, stating “Such after-the-fact justification for illegal police conduct would not be compatible with New York’s recognition of fairness as an essential concern in criminal jurisprudence.” The court stated, “where landowners fence or post ‘No Trespassing’ signs on their private property or, by some other means, indicate unmistakably that entry is not permitted, the expectation that their privacy rights will be respected and that they will be free from unwanted intrusions is reasonable.” Because the police entries onto Scott’s posted property were illegal, the search warrant obtained based on those entries was invalid, and the evidence seized should have been suppressed.

  • People v. Reynolds, 71 N.Y.2d 552 (1988): Warrantless Search of Open Fields and Expectation of Privacy

    People v. Reynolds, 71 N.Y.2d 552 (1988)

    Under the New York State Constitution, a warrantless search of an open field, lacking any overt indication of an expectation of privacy by the owner, does not violate the constitutional prohibition against unreasonable searches and seizures.

    Summary

    The New York Court of Appeals held that a warrantless search of the defendant’s open field, absent any manifest expectation of privacy, did not violate the New York State Constitution. Police, acting on an anonymous tip, conducted aerial and foot surveillance of Reynolds’ property, discovering marijuana plants. Reynolds argued that the search violated her state constitutional rights. The Court of Appeals affirmed the conviction, emphasizing that the state constitution aligns with the Fourth Amendment in protecting legitimate expectations of privacy, and that open fields, without explicit exclusion measures, do not qualify for such protection. The court distinguished this case from instances involving intrusions into dwellings or fenced-off areas.

    Facts

    Defendant Reynolds owned a 103-acre farm. State Police received an anonymous tip about a commercial marijuana operation on the property. Without obtaining a warrant, police surveyed the property by helicopter and then entered on foot. The surveillance revealed a greenhouse-type structure about 150 feet from Reynolds’ house, containing mature marijuana plants. Additional marijuana plants were found in areas further from the structure. The “greenhouse” was partially covered and its interior was viewable. Photographs documented the scene and the distance from the house. Based on these observations, a search warrant was issued, leading to the seizure of marijuana plants, processed marijuana, currency, and related paraphernalia.

    Procedural History

    The County Court denied Reynolds’ motion to suppress the evidence, finding the searches lawful and the warrant valid. Reynolds pleaded guilty to criminal possession of marijuana in the first degree. The Appellate Division affirmed the conviction. The New York Court of Appeals then reviewed the case.

    Issue(s)

    Whether warrantless aerial and ground-level observations of Reynolds’ property, specifically open fields, violated her rights under Article I, Section 12 of the New York State Constitution.

    Holding

    No, because the open fields, lacking any demonstrated expectation of privacy, are not protected under the New York State Constitution’s prohibition against unreasonable searches and seizures.

    Court’s Reasoning

    The Court of Appeals noted that while the New York State Constitution mirrors the Fourth Amendment regarding unreasonable searches and seizures, states can provide greater protection to their citizens. However, the Court emphasized a policy of uniformity between state and federal courts on search and seizure issues. The critical question is whether Reynolds exhibited a subjective expectation of privacy that society recognizes as reasonable. Referencing Katz v. United States, the court reiterated that a protected privacy interest exists when a person demonstrates a reasonable expectation of privacy. The court distinguished this case from People v. Gleeson, where the police trespassed into the primary building of the landowner. Here, the police observed open fields. The Court emphasized that Reynolds did not fence off the property or post signs indicating no trespassing, thus failing to demonstrate an expectation of privacy in the open fields. “Manifestly, persons have a reasonable expectation of privacy in their homes, and a protected privacy right is recognized in other confined areas as well…Generally, however, conduct and activity which is readily open to public view is not protected.” Because the initial observations leading to the warrant were lawful, the warrant itself was valid, and the evidence was admissible.