ADM JUS 1 Lecture Notes - Lecture 2: East Los Angeles College, Open-Fields Doctrine, Curtilage
17 Jun 2020
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Evidence obtained in an illegal search performed may be used against a person if it was not that person"s 4th amendment rights that were violated (rakas v. illinois) Violation of your 4th amendment rights are determined by the if the defendant had a legitimate expectation of privacy (rakas v. illinois) Expectation of privacy in a dwelling is based on the type of guest: An overnight guest has a reasonable expectation of privacy (minnesota v. olson) A business guest does not have an expectation of privacy (minnesota v. carter) There is a distinction between an overnight guest and a business guest, but the court has yet to decide where that line is drawn. The defendant bears the burden of proving that he had a reasonable expectation of privacy. Oliver v. u. s. : however, the curtilage of the home is not part of an open field. Curtilage is the land immediately surrounding and.
