abandoned property

Exception’s to the 4th Amendment: Part 2


This is part 2 of a 2 part series in Exceptions to the 4th amendment of the United States Constitution.

If you did not check out my part1  post, please feel free to do so. This second part will contain information on abandoned property and private party, like farms and patio’s. An exception to constitution say’s if you intentionally abandon your property, it is fair game for anyone, including the POLICE. Now if you were to lay something down for a few minutes with the intention of coming back to it, that would not apply here. A popular example is when you put your trash out for the garbage collectors. Usually, the garbage is technically just off your property and you have abandoned, by placing it there, never expecting to see it again. Most, people would believe you have lost your expectation to privacy by doing that. So, now anyone can look through your trash.

Another exception is something called the Open Fields Doctrine. This rule talks about farms, patios, and garages that may or may not be attached to a home. Because anyone could walk onto these premises people loose their expectation of privacy here. So if you have marijuana on your porch, in plain view the police do not need a warrant.