Does the term “open fields” include any place that is public or private outside the curtilage, including forests, lakes, woods, city streets, and stadiums?
Explain how the concepts of open fields, curtilage, and reasonable expectation of privacy interrelate and their importance to the law of search and seizure.
The dissent in California v. Hodari D. said that “a police officer may now fire his weapon at an innocent citizen and not implicate the Fourth Amendment — as long as he misses his target.” If a person throws away an item of criminal evidence after being illegally shot at by a police officer, is the item abandoned? What if the person throws the item away before being shot by the officer but after the officer has begun pursuing the suspect? Is the item abandoned in this situation? Explain
Does the value of an object have any bearing on the question of whether a person abandoned it? Can a person who runs away from his or her automobile to avoid apprehension by the police be said to give up all reasonable expectations of privacy in the vehicle? What if the person locks the vehicle before fleeing?
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