Open Fields Of Curtilage

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There are four factors used when distinguishing the open fields of curtilage. In Del Carmen (2012), the factors appear and are explained beginning with “The proximity of the area to the home, whether the area is in an enclosed surrounding the home, the nature and uses of the area, and the steps taken to conceal the area from public view.” An example of this could be that an officer investigates a reported stolen car that remains in an open field that does not contain a fence, the owner of the field approaches and evidently accuses the officer of trespassing, the officer has the right to investigate as long as he is not in any type of barrier which in that case, would be curtilage.

Pain view and plain touch is defined by Del Carmen (2012)

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