The open field doctrine states that officers are allowed to search and take evidence on private property outside of the immediate vicinity of a dwelling without obtaining a warrant.
- A "warrantless search of the area outside a property owner's curtilage" does not violate the Fourth Amendment of the United States Constitution, according to the open-fields doctrine (also known as the open-field doctrine or open-fields rule) in American criminal procedural law.
- Explains that as long as objects are immediately recognizable as being subject to seizure and are within the sight of an officer who is legally present in the location from where the view is made, they may be properly confiscated without a warrant (illegal).
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Yes, which is why defunding the police is one of the most idiotic things anyone has ever thought of on this earth.
Answer: in our country, any proposal to amend the Constitution is idle because it’s effectively impossible….The Founders made the amendment process difficult because they wanted to lock in the political deals that made ratification of the Constitution possible. Moreover, they recognized that, for a government to function well, the ground rules should be stable. But they also understood that the people will need to change those ground rules as new challenges and problems surface with the passage of time….But the Founders blundered. They made passing an amendment too hard….In setting the bar so high, the Framers didn’t foresee that as the country became more populous and diverse, it would become harder for people to reach the near-consensus required for change.”