Opinion · Supreme Court of the United States
Hester v. United States
44 S. Ct. 445
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1924-05-05
- Topic
- general
holding that the Fourth Amendment accords “special protection ... to the people in their ‘persons, houses, papers and effects.’ ” (quoting U.S. Const. amend. IV) | holding that private land near the home and accessible to federal agents was a public place | holding that the Fourth Amendment’s 2 protection accorded “persons, houses, papers and effects” did not extend to the open 3 fields | holding that the “special protection accorded by the Fourth Amendment to the people in their ‘persons, houses, papers and effects’ is not extended to the open fields” | holding that the “special protection accorded by the Fourth Amendment to the people in their ‘persons, houses, papers and effects’ is not extended to the open fields” | holding that a trespass does not, of itself, constitute an illegal search | discussing the open fields doctrine in the context of an underlying conviction for “concealing distilled spirits” | finding in the Prohibition-era case, “[t]he defendant’s own acts, and those of his associates, disclosed the jug, the jar and the bottle” | upholding the seizure of items that were abandoned by defendants who were fleeing from officers who were pursuing defendants without a warrant | distinguishing between “open fields” and “curtilage,” the latter of which is traditionally defined as the area immediately surrounding the home, into which its intimate activities extend | establishing the "open fields" doctrine, wherein Fourth Amendment protections are diminished in open fields | establishing the "open fields" doctrine, wherein Fourth Amendment protections are diminished in open fields | upholding officers’ examination of illegal whiskey bottles dropped by defendant and a companion | noting the protection “is as old as the common law” and citing Blackstone | recognizing the “open fields” doctrine | recognizing the “open fields” doctrine | “the special protection accorded by the Fourth Amendment . . . is not extended to the open fields.” | special protection accorded by the fourth amendment to people in their “persons, houses, papers and effects” does not extend to open fields | special protection accorded by the fourth amendment to people in their "persons, houses, papers and effects" does not extend to open fields | no seizure occurred where officer retrieved and examined contents of bottle of moonshine whiskey defendant abandoned in open field on property where he lived | Fourth Amendment does not apply when revenue officer trespasses on private field and discovers broken whiskey bottle on ground belonging to defendant | special protection accorded by Fourth Amendment to people in their persons, houses, papers, and effects does not extend to open fields | special protection accorded by Fourth Amendment to people in their persons, houses, papers, and effects does not extend to open fields | agents retrieved contraband abandoned by defendants while being pursued without proper warrant — contraband deemed abandoned and not subject to exclusionary rule | where the defendant, being pursued by revenue officers, in an open field, dropped the jug of whiskey which he was “toting” | “there was no seizure in the sense of the law when the officers examined the [incriminating evidence] after it had been abandoned” | police investigating a tip of illegal activity chased suspects who ran when police arrived; suppression of evidence tossed in open field not required | moonshine whiskey seized from yard where fleeing suspect dropped it did not violate Fourth Amendment protection | “[T]he special protection accorded by the Fourth Amendment to the people in their ‘persons, houses, papers and effects,’ is not extended to the open fields.” | police investigating a tip of illegal activity chased suspects who ran when police arrived; suppression of evidence tossed in open field not required | “[T]he special protection accorded by the Fourth Amendment . . . is not extended to the open fields.” | “[T]he special protection accorded by the Fourth Ame
Citator
- Cited by
- 588 opinions
The witnesses whose testimony is objected to were revenue officers. In consequence of information they went toward the house of Hester's father, where the plaintiff in error lived, and as they approached saw one Henderson drive near to the house. They concealed themselves from fifty to one hundred yards away and saw Hester come out and hand Henderson a quart bottle. An alarm was given. Hester went to a car standing near, took a gallon jug from it and he and Henderson ran. One of the officers pursued, and fired a pistol. Hester dropped his jug, which broke but kept about a quart of its contents. Henderson threw away his bottle also. The jug and bottle both contained what the officers, being experts, recognized as moonshine whiskey, that is whiskey illicitly distilled; said to be easily recognizable. The other officer entered the house, but being told there was no whiskey there left it, but found outside a jar that had been thrown out and broken and that also contained whiskey. While the officers were there other cars stopped at the house but were spoken to by Hester's father and drove off. The officers had no warrant for search or arrest, and it is contended that this made their evidence inadmissible, it being assumed, on the strength of the pursuing officer's saying that he supposed they were on Hester's land, that such was the fact. It is obvious that even if there had been a trespass, the above testimony was not obtained by an illegal search or seizure. The defendant's own acts, and those of his associates, disclosed the jug, the jar and the bottle — and there was no seizure in the sense of the law when the officers examined the contents of each after it had been abandoned. This evidence was not obtained by the entry into the house and it is immaterial to discuss that. The suggestion that the defendant was compelled to give evidence against himselfPage 59does not require an answer. The only shadow of a ground for bringing up the case is drawn from the hypothesis that the examination of the vessels took place upon Hester's father's land. As to that, it is enough to say that, apart from the justification, the special protection accorded by the Fourth Amendment to the people in their "persons, houses, papers, and effects," is not extended to the open fields. The distinction between the latter and the house is as old as the common law. 4 Bl. Comm. 223, 225, 226.Judgment affirmed.