OLIVER v. UNITED STATES

No. 82-15.

466 U.S. 170 (1984)

OLIVER v. UNITED STATES

Supreme Court of United States.

Decided April 17, 1984


Attorney(s) appearing for the Case

Frank E. Haddad, Jr., argued the cause for petitioner in No. 82-15. With him on the briefs was Robert L. Wilson. Wayne S. Moss, Assistant Attorney General of Maine, argued the cause for petitioner in No. 82-1273. With him on the briefs were James E. Tierney, Attorney General, James W. Brannigan, Jr., Deputy Attorney General, Robert S. Frank, Assistant Attorney General, and David W. Crook.

Alan I. Horowitz argued the cause for the United States in No. 82-15. With him on the brief were Solicitor General Lee, Assistant Attorney General Jensen, and Deputy Solicitor General Frey. Donna L. Zeegers, by appointment of the Court, 461 U.S. 924, argued the cause and filed a brief for respondent in No. 82-1273.

Briefs of amici curiae urging affirmance in No. 82-15 were filed for Americans for Effective Law Enforcement, Inc., et al. by Fred E. Inbau, Wayne W. Schmidt, and James P. Manak; for the State of California by John K. Van De Kamp, Attorney General, Harley D. Mayfield, Assistant Attorney General, and Jay M. Bloom, Deputy Attorney General.

A brief of amici curiae was filed in No. 82-1273 for the State of Alabama et al. by Charles A. Graddick, Attorney General of Alabama, and Joseph G. L. Marston III, Assistant Attorney General, and by the Attorneys General for their respective jurisdictions as follows: Norman C. Gorsuch of Alaska, Aviata F. Fa'alevao of American Samoa, Robert K. Corbin of Arizona, Duane Woodard of Colorado, Charles M. Oberly III of Delaware, Robert T. Stephen of Kansas, Steven L. Beshear of Kentucky, Paul L. Douglas of Nebraska, David L. Wilkinson of Utah, John J. Easton, Jr., of Vermont, Chauncey H. Browning of West Virginia, Bronson C. La Follette of Wisconsin, and Archie G. McClintock of Wyoming.


JUSTICE POWELL delivered the opinion of the Court.

The "open fields" doctrine, first enunciated by this Court in Hester v. United States, 265 U.S. 57 (1924), permits police officers to enter and search a field without a warrant. We granted certiorari in these cases to clarify confusion that has arisen as to the continued vitality of the doctrine.

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