Criminal Procedure keyed to Weinreb
Oliver v. United States
Facts
Two narcotics officers went to a farm to investigate the growing of marijuana. When the officers arrived at the farm they saw a “No Trespassing” sign. The officers walked around a gate and continued on for several hundred yards. They heard a voice that said “no hunting is allowed, come back up here”, but did not find anybody. The officers eventually found the marijuana field over a mile from the Petitioner, Oliver’s home (the “Petitioner”). The Petitioner was arrested for manufacturing a controlled substance. The District Court suppressed the evidence of the discovery of the marijuana field. The court concluded that was not an open field inviting casual intrusion. The Sixth Circuit reversed the District Court. The Supreme court granted certiori. A second case from Maine had very similar facts and the Supreme Court also granted certiori.
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