Originally Posted by jawbone

The issue with the Game cams might get ruled unconstitutional, but unless the Supreme Court wants to toss precedent by throwing out the Open Fields Doctrine, then I predict a partial upholding but not a complete one. We'll see. Apparently this USSC doesn't mind overturning precedent. I can see it going either way.


Its an interesting case. I always took the open fields doctrine to have more in common with a plain view search (obviously in other circumstances), not so much a free pass to enter private property and search or conduct surveillance. As an example, if driving by an open field on a public road an officer observes illegal activity and addresses it, that's one thing, but intentionally entering private property without probable cause on a fishing expedition is another. Maybe my understanding was incorrect but it has been hotly debated in various courts over the years and several have agreed.