A household consists of one or more persons who live in the same dwelling . It may be of a single family or another type of person group. The household is the basic unit of analysis in many social, microeconomic and government models, and is important to economics and inheritance .
102-509: In law, a dwelling (also known as a residence , abode or domicile ) is a self-contained unit of accommodation used by one or more households as a home – such as a house , apartment , mobile home , houseboat , recreational vehicle , or other "substantial" structure. The concept of a dwelling has significance in relation to search and seizure , conveyancing of real property , burglary, trespass , and land-use planning . Legal definitions vary by jurisdiction . Under English law ,
204-442: A non sequitur ." There was no constitutional problem presented by the case, Peck said; the state's existing laws were enough protection for landowners. For all realistic and practical purposes, the sole beneficiary of today's decision is the owner of open fields who conducts criminal activity thereon in defiance of the law. In short, the majority has given birth to a right of privacy to commit crime. If our marijuana farmers have
306-416: A "dwelling" (more commonly referred to as a house) is "inhabited" if a person lives in it; it is irrelevant whether anyone is present. A house, building, or structure is not considered "inhabited" or "occupied" if the occupants have moved out or vacated and do not intend to return, even if the personal property was left behind. Therefore, it would no longer be considered a dwelling for legal purposes, which from
408-522: A 39-acre (16 ha) parcel in the town of Lincoln, Vermont , posted it and filed a notice to that effect with the town clerk. He allowed some of his neighbors to ride their bicycles on trails that crossed the property, but otherwise did not allow any access. Kirchoff had been living there for four years when the Addison County sheriff received a tip that he was growing marijuana on his land. The sheriff and another law enforcement officer went to
510-480: A bath or shower increased from 60.8 to 93.4 percent; the percentage of dwellings with hot and cold running water increased from 56.9 to 93.5 percent. In the United States from 1950 to 1974, the percentage of housing without full plumbing fell from 34 to three percent; during that period, the percentage of housing stock considered dilapidated fell from nine percent to less than four. In 1976, an estimated 64% of
612-733: A claim to privacy in the land readily follows. But we cannot presume how an individual will employ private lands—that is the nature of privacy." Oliver ' s association of privacy and criminality, according to Morse, was an ipse dixit . Morse accepted the Oregon Supreme Court's rule in Dixson that the open-fields doctrine did not apply where a landowner had, like Kirchoff, taken affirmative measures to control access to their land. He grounded this in state constitutional and statutory provisions that allowed public use of unposted land for many outdoor recreational activities and limited
714-488: A controlled substance. The appeals court reversed the conviction after hearing the appeal en banc in 1987. "The decisive issue is not, as the trial court apparently thought, one of federal law", Judge Thomas Young wrote for the plurality . "Whether defendant's land is constitutionally protected depends, in the first instance, not on United States Supreme Court cases interpreting the Fourth Amendment, but on
816-462: A defense standpoint, would negate a conviction under this code. For prosecutors , it is advantageous to construe these terms loosely in order to secure as many convictions as possible for violation of this code. Examples of loose interpretation exist not only in California but also in other states such as Colorado where a similar statute (Colorado Code § 18-1-901(3)(g)) applies in cases even when
918-595: A dwelling is defined as a self-contained 'substantial' unit of accommodation, such as a building, part of a building, caravan, houseboat or other mobile home. A tent is not normally considered substantial. According to North Carolina General Statute § 160A-442, "Dwelling" means any building, structure, manufactured home or mobile home, or part thereof, used and occupied for human habitation, or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith, except that it does not include any manufactured home or mobile home, which
1020-535: A fixed bath or shower and 1% without piped water. In 1974 an estimated 45% of the Norwegian population lived in a detached house, while 7% lived in an attached house, 46% in an apartment or flat, and 2% in other types of homes (trailers, mobile homes, etc.). In terms of amenities, in 1975 an estimated 13% of all houses were without a flush toilet, 1% without electric lighting, 25% without a fixed bath or shower and 1% without piped water. In 1974 an estimated 36% of
1122-528: A fixed bath or shower and 8% without piped water. In 1974 an estimated 27% of the Irish population lived in a detached house, while 55% lived in an attached house, 11% in an apartment or flat, and 8% in other types of homes (trailers, mobile homes, etc.). In terms of amenities, in 1975 an estimated 21% of all houses were without a flush toilet, 2% without electric lighting, 20% without a fixed bath or shower and 14% without piped water. In 1973 an estimated 65% of
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#17327651816601224-524: A flush toilet, 1% without electric lighting, 10% without a fixed bath or shower and 1% without piped water. In 1974 an estimated 33% of the Swiss population lived in a detached house, while 5% lived in an attached house, and 62% in an apartment or flat. In terms of amenities, in 1975 an estimated 3% of all houses were without a flush toilet, 1% without electric lighting, 15% without a fixed bath or shower and 1% without piped water. In 1974 an estimated 12% of
1326-505: A flush toilet, 1% without electric lighting, 2% without a fixed bath or shower and 1% without piped water. In 1974 an estimated 18% of the Italian population lived in a detached house, while 9% lived in an attached house, 65% in an apartment or flat, and 8% in other types of homes (trailers, mobile homes, etc.). In terms of amenities, in 1975 an estimated 4% of all houses were without a flush toilet, 2% without electric lighting, 27% without
1428-452: A flush toilet, 1% without electric lighting, 3% without a fixed bath or shower and 1% without piped water. Housing conditions improved in Canada and the U.S. after World War II. In the U.S., 35.4 percent of all 1950 dwellings did not have complete plumbing facilities; the figure fell to 16.8 percent in 1960 and 8.4 percent in 1968. In Canada from 1951 to 1971, the percentage of dwellings with
1530-509: A flush toilet, 1% without electric lighting, 37% without a fixed bath or shower and 7% without piped water. In 1974 an estimated 28% of the Austrian population lived in a detached house, while 5% lived in an attached house, 64% in an apartment or flat, and 4% in other types of homes (trailers, mobile homes, etc.). In terms of amenities, in 1975 an estimated 10% of all houses were without a flush toilet, 1% without electric lighting, 34% without
1632-557: A household is defined similarly: a residential group in which housework is divided and performed by householders. Care may be delivered by one householder to another, depending upon their respective needs, abilities, and (perhaps) disabilities . Household composition may affect life and health expectations and outcomes for its members. Eligibility for community services and welfare benefits may depend upon household composition. In sociology , household work strategy (a term coined by Ray Pahl in his 1984 book, Divisions of Labour )
1734-462: A household may include servants or retainers who derive their income from the household's principal income. A 1961–62 National Housing Institute survey estimated that 13.8 percent of Belgian dwellings were unfit and incapable of improvement. A further 19.5 percent were unfit but had the potential to be improved, and 54 percent were considered suitable (without alteration or improvement) for modern living standards. Seventy-four percent of dwellings lacked
1836-407: A household, it ... includes all the persons who occupy a housing unit. A housing unit is a house, an apartment, a mobile home, a group of rooms, or a single room that is occupied (or if vacant, is intended for occupancy) as separate living quarters. Separate living quarters are those in which the occupants live and eat separately from any other persons in the building and which have direct access from
1938-512: A leaf from one of the plants. The next month he did, and after testifying in camera he returned with a detective. Guy Scott, owner of the 165 acres (67 ha) on which the marijuana was growing, was arrested and charged with first-degree criminal possession of marijuana, a felony, after 200 plants were seized. At trial in Chenango County Court, he moved to suppress the evidence against him as seized unconstitutionally. After
2040-402: A narrowly literal manner, and with the special concurrence's criticism of the plurality's disregard of precedent, he believed that the defendants had not established that they had a reasonable expectation of privacy, since the signage that the deputies passed simply said "No hunting" rather than "No trespassing" and the felled tree merely signaled an intent to deter vehicles, not foot traffic; thus
2142-417: A neighboring house, crossed a fence, and followed an old logging road past some old "no trespassing" signs. They left the road and found the growing cannabis plants in the woods roughly 100 yards (91 m) from his house, invisible from the road. The sheriff called in two other officers to keep an eye on the marijuana while they got a search warrant . Kirchoff went out to tend them at this point, and admitted to
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#17327651816602244-422: A person or group of persons who co-reside in, or occupy, a dwelling." Although a one-income-stream economic theory simplifies modeling, it does not necessarily reflect reality. Many, if not most, households have several income-earning members. Most economic models do not equate households and traditional families, and there is not always a one-to-one relationship between households and families. In social work ,
2346-441: A privacy interest, Young wrote, and as he found little guidance in federal privacy cases beyond the instant issues of those cases, the majority looked to Oregon case law as it had interpreted Article I, Section 9 , of the state constitution , the counterpart to the Fourth Amendment. Young found Katz ' s two-part test unhelpful and flawed: "The proper question, thus, is not what the defendant expects or whether that expectation
2448-503: A privacy interest, his review of the state's statutory and case law convinced him that, in interpreting both state and federal law on this issue, the state's courts had constantly followed the Katz concept of rooting privacy in the person, rather than property. He also shared Marshall's observation that the Oliver majority had suggested that a reasonable expectation of privacy depended on what
2550-459: A property-based privacy interest at odds with Katz 's reasonable expectation test. But that would have little bearing as the majority found New York's constitution , "with its own unique history", more relevant to the issues raised by Scott's case. Prior to 1938 New York, Hancock noted, had restricted searches and seizures only at the statutory level. When the state constitution was amended that year, in addition to language similar to that of
2652-464: A reasonably significant period of time. It is used to determine the law which should be applied to determine a given legal dispute. The Hague Conference on Private International Law has deliberately refrained from offering a definition so that the concept may be flexible and adaptable to practical requirements. In California, California Penal Code § 246 refers to the discharging of a firearm at an inhabited dwelling house. This statute specifies that
2754-584: A right." He noted that this interpretation was at odds with Oliver , and said the fault lay with the Oliver Court, which had "misinterpreted its own Fourth Amendment precedent." In Oliver , the Supreme Court had seemed "to equate privacy with crime", which Morse considered flawed. "If one assumes at the outset that people will only seek privacy in the use of their land for criminal purposes," he wrote, "the conclusion that society will not recognize
2856-408: A shooting at a detached garage that does not traditionally constitute a dwelling or house. However, per common law , courts in both of these states and others have held that it does qualify as an occupied building for purposes of a criminal conviction. In law, the curtilage of a dwelling is the land immediately surrounding it, including any closely associated buildings and structures. It delineates
2958-510: A shower or bath increased from 10 to 65 percent. During that period, the percentage of homes without flush toilets fell from 73 to 30 percent; homes without running water fell from 42 to 3.4 percent. A 1948 law permitted gradual, long-term rent increases for existing flats on the condition that part of the money was spent on repairs. According to John Ardagh , the law, "vigorously applied, was partly successful in its twofold aim: to encourage both repairs and new building." In 1974 an estimated 17% of
3060-572: A shower or bath, 19 percent had inadequate sewage disposal, and 3.6 percent lacked a drinking-water supply; 36.8 percent had an indoor water closet . According to a 1964 study, 13 percent of Belgium's housing consisted of slums . In 1974 an estimated 17% of the Belgian population lived in a detached house, while 23% lived in an attached house, 56% in an apartment or flat, and 4% in other types of homes (trailers, mobile homes, etc.). In terms of amenities, in 1975 an estimated 1% of all houses were without
3162-426: A single household. People can be considered a household if they are related: full- or half-blood, foster, step-parent/child, in-laws (and equivalent for unmarried couples), a married couple or unmarried but "living as ..." (same- or different-sex couples). The United States Census definition also hinges on "separate living quarters": "those in which the occupants live and eat separately from any other persons in
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3264-430: A unanimous court, Justice W. Michael Gillette affirmed the lower court's holding that Article I, Section 9 provided broader privacy protection than the Fourth Amendment and thus the open-fields doctrine did not apply in state prosecutions. After reviewing the facts of the case and all the appellate court's opinions, Gillette considered all the arguments. The two cases Van Hoommissen had pointed to as precedent adopting
3366-407: A warrant or permission had they known they were not. Judge George Van Hoomissen wrote one of two dissents , taking issue with every aspect of the plurality opinion—arguing that there was no evidence that the framers of the state constitution had intended it be read more than literally, that the appeals court was ignoring earlier precedents that had explicitly adopted the open-fields doctrine, that
3468-408: A word because it may have different meanings in different contexts constitutes an argument weak to the point of absurdity." By doing so, he charged, the majority had been able to substitute its own meaning. If that had not been the plan, "I am afraid that the majority's training in elementary logic, if any, failed to penetrate or make a lasting impression. The[ir] reasoning is a syllogistic blunder and
3570-438: Is defined as a "building which regularly or intermittently is occupied by a person lodging therein at night, whether or not a person is actually present." The United States v. Adams, 2009 U.S. App. LEXIS 25866 (9th Cir. Or. 25 November 2009) In international conventions , a person can have only one habitual residence , being the place where the individual ordinarily resides and routinely returns to after visiting other places for
3672-401: Is included within an enclosure surrounding the home, the nature of the uses to which the area is put, and the steps taken by the resident to protect the area from observation by people passing by." Theoretically, many structures might extend the curtilage protection to the areas immediately surrounding them. The courts have gone so far as to treat a tent as a home for Fourth Amendment purposes in
3774-438: Is necessary for the officers to trespass on property not within the curtilage in order to observe the activity or contraband in question, there is an unreasonable search and, therefore, any ensuing seizure would be unlawful." In the instant case, Buttler said that it had, as one of the deputies had testified that he and his partner had at all times believed they were on the lumber company's property and would not have entered without
3876-495: Is reasonable but whether the constitution protects the defendant ." In this case, Young concluded, the deputies had trespassed on the Dixsons' land and violated their privacy. Judge John Buttler wrote a special concurrence for himself and two colleagues, reaching the same conclusion as the plurality but basing it on different logic which he felt was more in compliance with state Supreme Court precedent: "I would hold that, if it
3978-634: Is the division of labour among members of a household. Household work strategies vary over the life cycle as household members age, or with the economic environment; they may be imposed by one person, or be decided collectively. Feminism examines how gender roles affect the division of labour in households. In The Second Shift and The Time Bind , sociologist Arlie Russell Hochschild presents evidence that in two-career couples men and women spend about equal amounts of time working; however, women spend more time on housework. Cathy Young (another feminist writer) says that in some cases, women may prevent
4080-457: Is used solely for a seasonal vacation purpose." According to N.C. Gen. Stat. § 53-244.030, "Dwelling" means a residential structure that contains one to four units, whether or not that structure is attached to real property. The term includes an individual condominium unit, cooperative unit, manufactured home, mobile home, or trailer if it is used as a residence. Under the Oregon law, a "dwelling"
4182-612: The U.S. law of criminal procedure , is the legal doctrine that a " warrantless search of the area outside a property owner's curtilage " does not violate the Fourth Amendment to the United States Constitution . However, "unless there is some other legal basis for the search," such a search "must exclude the home and any adjoining land (such as a yard) that is within an enclosure or otherwise protected from public scrutiny." The open fields doctrine
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4284-538: The United Kingdom , a household is defined as "one person or a group of people who have the accommodation as their only or main residence and for a group, either share at least one meal a day or share the living accommodation, that is, a living room or sitting room". The introduction of legislation to control houses of multiple occupations in the UK Housing Act (2004) required a tighter definition of
4386-539: The bounds assert a privacy interest sufficient to prevail over any warrantless search of the property where common exceptions such as hot pursuit and plain view do not apply. Some of those opinions have been critical of not only Oliver but Hester . In a 2017 concurring opinion where the doctrine did not come into play in overturning a Wisconsin farmer's convictions for threatening two state game wardens he believed had been illegal hunters trespassing on his land, Justice Rebecca Bradley of that state's Supreme Court
4488-448: The burden of proof on the state in cases where a search such as the one in the instant case, was challenged as unconstitutional, and held that under that standard this search had violated the state constitution. There were two other opinions. District Judge Lewis Springer, specially assigned to sit on the court for this case due to a vacant seat, concurred but said the majority opinion should have more thoroughly grounded its arguments in
4590-414: The textualist interpretation of the constitutional language that had been held by the Supreme Court and other states' courts to support the doctrine for three reasons. First, the court's own prior holdings recognized Article I, Section 9, as establishing a broad privacy interest beyond those items specified in it. Second, the Supreme Court had itself admitted in Katz that in extending privacy protection to
4692-474: The Amendment is intended to shelter from government interference or surveillance. There is no societal interest in protecting the privacy of those activities, such as the cultivation of crops, that occur in open fields. While open fields are not protected by the Fourth Amendment, the curtilage , or outdoor area immediately surrounding the home, may be protected. Courts have treated this area as an extension of
4794-420: The Fourth Amendment did have some differences in wording. Most significantly, it referred to a person's "possessions" as coming under its purview rather than just their "effects". Did that mean it applied to all a person's landholdings, Morse asked? The minimal records from the state's original constitutional debates did not offer much guidance, so he looked at how other states with similar language had addressed
4896-444: The Fourth Amendment that had long been in the statute, it included a provision explicitly including telecommunications under the same warrant requirements, a reaction to the U.S. Supreme Court's Olmstead case a decade earlier, which had held that police did not need a warrant for wiretapping telephones since that took place far from the property of those communicating over them. Therefore, according to Hancock, it did not follow that
4998-436: The Fourth Amendment, a search of an object or area where a person has no reasonable expectation of privacy is, in a legal sense, not a search at all. That search, therefore, does not trigger the protections of the Fourth Amendment. In Oliver v. United States , the Supreme Court held that a privacy expectation regarding an open field is unreasonable: … open fields do not provide the setting for those intimate activities that
5100-478: The French population lived in a detached house, while 2% lived in an attached house, 78% in an apartment or flat, and 3% in other types of homes (trailers, mobile homes, etc.). In terms of amenities, in 1975 an estimated 20% of all houses were without a flush toilet, 1% without electric lighting, 34% without a fixed bath or shower and 3% without piped water. After World War II , a large percentage of British housing
5202-697: The Japanese population lived in a detached house, while 12% lived in an attached house, and 23% in an apartment or flat. In terms of amenities, in 1975 an estimated 65% of all houses were without a flush toilet, 1% without electric lighting, 3% without a fixed bath or shower and 1% without piped water. In 1974 an estimated 18% of the Dutch population lived in a detached house, while 40% lived in an attached house, 36% in an apartment or flat, and 6% in other types of homes (trailers, mobile homes, etc.). In terms of amenities, in 1975 an estimated 1% of all houses were without
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#17327651816605304-472: The Oregon courts, across the country, a hunter pursuing a wounded deer onto posted private property in Preston, New York , came across what appeared to him to be the remnants of a marijuana growing operation. In July 1988, he returned, and confirmed his suspicions, finding about 50 cannabis plants being grown on the site, guarded by an armed man. He reported this to the state police , who asked him to bring back
5406-454: The Spanish population lived in a detached house, while 23% lived in an attached house, 61% in an apartment or flat, and 4% in other types of homes (trailers, mobile homes, etc.). In terms of amenities, in 1970/75 an estimated 29% of all houses were without a flush toilet, 4% without electric lighting, 54% without a fixed bath or shower and 32% without piped water. In 1974 an estimated 22% of
5508-695: The Swedish population lived in a detached house, while 8% lived in an attached house, and 56% in an apartment or flat. In terms of amenities, in 1975 an estimated 2% of all houses were without a flush toilet, 1% without electric lighting, 2% without a fixed bath or shower and 1% without piped water. In 1974 an estimated 50% of the Danish population lived in a detached house, while 11% lived in an attached house, 31% in an apartment or flat, and 8% in other types of homes (trailers, mobile homes, etc.). In terms of amenities, in 1975 an estimated 1% of all houses were without
5610-613: The Vermont Supreme Court was not completely discarding Katz as the basis for its personalty-rooted concept of privacy, it found some issues doing so. It was not comfortable with the concept of a reasonable expectation, since that could too easily change "with political winds and the perceived exigencies of the day ... The question is not what society is prepared to accept but what the constitution requires." This formulation, Morse believed, would better protect people's privacy expectations as technology advanced. Lastly he placed
5712-487: The West German population lived in a detached house, while 5% lived in an attached house, 69% in an apartment or flat, and 4% in other types of homes (trailers, mobile homes, etc.). In terms of amenities, in 1975 an estimated 4% of all houses were without a flush toilet, 1% without electric lighting, 6% without a fixed bath or shower and 1% without piped water. Between 1954 and 1973, the percentage of French homes with
5814-402: The arrival of the landmark case Katz v. United States , which established a two-part test for what constitutes a search within the meaning of the Fourth Amendment. The relevant criteria are "first that a person have exhibited an actual (subjective) expectation of privacy and, second, that the expectation be one that society is prepared to recognize as reasonable'." Under this new analysis of
5916-479: The basic principles underlying the Oregon Constitution ... we need not join the federal retreat from the constitutional requirements." "[D]oes the constitution protect property as property, or is its protection of property a means to a greater end?" Young asked. The majority believed the answer was the latter, to which Young cited writings of William Pitt, 1st Earl of Chatham , who strongly supported
6018-410: The boundary within which a homeowner can have a reasonable expectation of privacy with particular relevance to search and seizure , conveyancing of real property , burglary, trespass , and land use planning . In urban properties, the location of the curtilage may be evident from the position of fences, walls, and similar; within larger properties, it may be a matter of some legal debate as to where
6120-423: The building." According to the U.S. census, a householder is the "person (or one of the people) in whose name the housing unit is owned or rented (maintained)"; if no person qualifies, any adult resident of a housing unit is considered a householder. The U.S. government formerly used "head of the household" and "head of the family", but those terms were replaced with "householder" in 1980. In the census definition of
6222-545: The colonists in the years before the American Revolution , in support of their understanding of this concept of privacy: "The poorest man may, in his cottage, bid defiance to all the forces of the Crown." The U.S. Supreme Court had also recognized "the indefeasible right of personal security" as what is most breached by a search in its 1886 Boyd case. Oregon's Supreme Court had, since 1931, recognized this as
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#17327651816606324-565: The court ruled that it had not been, Scott pleaded guilty and appealed the conviction on the same grounds, arguing that by posting the property's bounds at 20–30-foot (6.1–9.1 m) intervals he had secured a reasonable expectation of privacy. Following Oliver , a five-justice panel of the Third Department of the state's Appellate Division unanimously rejected that argument in 1991. "The marihuana in question here", it wrote, "was clearly grown in an open, uncultivated field away from
6426-420: The court to decide. In early 1991 the Supreme Court issued its decision, holding 4–1 that the evidence should have been suppressed. After reviewing the facts of the case, Justice James L. Morse conceded that the search was lawful under Oliver . However, the court went on to note that it had to consider whether the search complied with Article 11 of the state constitution , which while substantially similar to
6528-411: The curtilage from the protections of either constitutional provision is misplaced", Gillette concluded." Lastly Gillette rejected the state's argument that whether land outside curtilage was covered by its owner's privacy interest depended on how that land was used. It depended, he wrote, on whether the owner had taken steps to exclude intruders, such as putting up fences or posting the bounds. "Allowing
6630-471: The curtilage of any residential structure; thus, defendant had no legitimate expectation of privacy." Scott appealed to the Court of Appeals , New York's highest court. In 1992, Judge Stewart Hancock wrote for the majority in a 4–3 decision reversing the appellate court and Scott's conviction that rejected the open-fields doctrine. Like Marshall and Oregon's Dixson court, he found Oliver ' s recourse to
6732-531: The curtilage of his dwelling, that privacy interest will not go unprotected simply because of its location." Next, Gillette turned to the claim that common law recognized a distinction between the curtilage of a house and the property as a whole. In Hester , Justice Oliver Wendell Holmes had cited William Blackstone 's Commentaries on the Laws of England , a common reference for English common law, in holding this distinction originated there. But Gillette quoted
6834-406: The decision of one of the most activist-oriented among the state courts, or that we would reject a contrary decision by the high court of a state which borders us and is far more similar to us in size and other characteristics than the former ... I would remind the majority, as it sheds its tears for the defendant, that the entry was not arbitrary. It was not an afternoon of sport for the police, on
6936-451: The defendant in the case. "[I]t is, in my judgment, one of the most result-oriented opinions I have ever been exposed to. I am not prepared to countenance in silence the extreme and unwarranted judicial activism of which the opinion is an example." Peck suggested that the majority's confusion over the meaning of "possessions" in the state constitution was "a calculated tactic rather than the result of interpretive incompetency ... Disregarding
7038-442: The defendants had not raised a trespass claim against the deputies at trial, and that courts in other states with similar constitutional language had found it compatible with the doctrine. "[T]he plurality has hopelessly confused constitutional law with the civil and criminal law of trespass [and] ... substitutes its own social theories for the plain meaning of the specific constitutional text", he wrote. Van Hoomissen also noted that if
7140-526: The deputies could reasonably have believed they were still on lumber company land. "It is unnecessary to sail into uncharted waters by formulating a new, untested constitutional analysis, as the plurality and special concurrence have done." Prosecutors appealed the case to the Oregon Supreme Court , which heard arguments in March 1988 and returned its decision at the end of the year. Writing for
7242-480: The equal participation of men in housework and parenting. Household models in the English-speaking world include traditional and blended families, shared housing, and group homes for people with support needs. Other models which may meet definitions of a household include boarding houses , houses in multiple occupation (UK), and single room occupancy (US). In feudal or aristocratic societies,
7344-402: The good sense I think they have, they will soon be busy as little bees putting up no-trespassing signs, while laughing up their sleeves at the gullible naivete of the cooperative majority. The insistence that police needed a warrant to search any posted or fenced land due to the state's trespass laws was, Peck wrote, "like saying a police cruiser, in responding to an emergency call, may not exceed
7446-402: The house and as such subject to all the privacy protections afforded a person's home (unlike a person's open fields) under the Fourth Amendment. An area is curtilage if it "harbors the intimate activity associated with the sanctity of a man's home and the privacies of life." Courts make this determination by examining "the proximity of the area claimed to be curtilage to the home, whether the area
7548-434: The issue. They had divided on the issue, yet at the same time states that used "effects" in their constitutions had held it applied more broadly than Oliver had held. "Our decision, however, need not rest on the drafters' choice of one word over another", Morse wrote. "Even if we cannot say with confidence that the scope of the term 'possessions' mandates a right of privacy in real estate, it certainly does not rule out such
7650-450: The law of this State the citizens are entitled to more protection. A constitutional rule which permits State agents to invade private lands for no reason at all — without permission and in outright disregard of the owner's efforts to maintain privacy by fencing or posting signs — is one that we cannot accept as adequately preserving fundamental rights of New York citizens. While Hancock conceded that property rights do not automatically create
7752-407: The level of protection the court was giving landowners. Peck also called the majority's holding that the search was unconstitutional "a grossly unfair example of police-bashing", that he himself took personally. The police are not psychic. At the time they entered the open fields portion of defendant's property, they had no way of knowing or of anticipating that this Court would follow, sheep-like,
7854-463: The liability of landowners for damages suffered by those they allowed, even implicitly, to engage in those activities on unposted land. "These provisions evidence the state's policy of providing the public with certain privileges and liberties not permitted under the common law", he wrote. "They evidence no intent, however, to limit the right of landowners to pursue their affairs free from unregulated intrusion by officials." Lastly, Morse said that while
7956-422: The off-chance they might just happen to stumble on marijuana or some other contraband, in much the same spirit that we hunt deer and other game. The entry was undertaken in reliance on a "tip"; with every reason to believe the search was legitimate, and it was done in good faith. Peck feared that the majority's decision would unnecessarily handicap the state's police in preventing crime. He accused it of "cho[osing]
8058-413: The officers that he had been growing them. When the sheriff returned, he and the police seized the plants and other evidence of the grow operation from Kirchoff's house. At trial, Kirchoff moved to have the evidence obtained from the search suppressed. It was denied, and he was convicted. He appealed to the state's Supreme Court. The case was not argued until 1989, and it took an additional two years for
8160-416: The open-fields doctrine does not apply in those states due to their state constitutions granting greater protections to citizens (under dual sovereignty a state may grant its citizens more rights than those guaranteed in the federal constitution). Since Katz grounded privacy in persons rather than places, they argue, landowners who have taken affirmative steps to exclude the public such as fencing or posting
8262-422: The open-fields doctrine were actually not dispositive of the issue, since one had involved a search on public land and the other appeared to rely on circumstances unique to that case. In another of its own recent holdings, he noted, the state Supreme Court had also rejected Katz' ' s reasonable expectation test, so in the instant case the court could consider the issue without relying on it. Gillette rejected
8364-415: The outside of the building or through a common hall. The occupants may be a single family, one person living alone, two or more families living together, or any other group of related or unrelated persons who share living arrangements. (People not living in households are classified as living in group quarters.) On July 15, 1998, Statistics Canada said: "A household is generally defined as being composed of
8466-467: The passage Holmes had cited, in which Blackstone discussed what constituted burglary under common law, to cast doubt on Holmes' interpretation, noting that Blackstone had included all the possible outbuildings as places where unlawful entry and theft could be punished as burglary. Blackstone's chapter on trespass likewise specifically mentioned a man's land as legally protected. "Reliance on the common-law concept of curtilage to justify excluding land outside
8568-403: The past. Despite this rather broad interpretation of curtilage, the courts seem willing to find areas to be outside of the curtilage if they are in any way separate from the home (by a fence, great distance, other structures, even certain plants). Since Oliver , the highest courts of Montana , New York , Oregon and Vermont , as well as a Washington state appeals court, have held that
8670-400: The plurality needed guidance as to whether the citizens of Oregon had embraced an expectation of privacy around growing marijuana, the failure of a 1986 ballot measure that would have decriminalized the drug suggested otherwise. A shorter dissent was written by Judge Kurt Rossman, joined by Mary Deits. While he agreed with the plurality that the state constitution was not meant to be read in
8772-403: The police to intrude into private land, regardless of the steps taken by its occupant to keep it private, would be a significant limitation on the occupant's freedom from governmental scrutiny." From this Gillette derived a "simple and objective" rule: "A person who wishes to preserve a constitutionally protected privacy interest in land outside the curtilage must manifest an intention to exclude
8874-432: The population of Canada lived in a detached house, while 8% lived in an attached house, and 33% in an apartment or flat. In terms of amenities, in 1975/77 an estimated 3% of all houses in Canada were without a flush toilet, 1% without electric lighting, 2% without a fixed bath or shower and 1% without piped water. Open fields doctrine The open-fields doctrine (also open-field doctrine or open-fields rule ), in
8976-406: The population of the U.S. lived in a detached house, while 4% lived in an attached house, 28% in an apartment or flat, and 4% in other types of homes (trailers, mobile homes, etc.). In terms of amenities, in 1975 an estimated 2% of all houses in the U.S. were without a flush toilet, 1% without electric lighting, 3% without a fixed bath or shower and 1% without piped water. In 1977 an estimated 59% of
9078-515: The possible prestige with which it may be honored by law reviews and other constitutional activists among the courts, and legal writers, to a recognition of the rights of the individual inhabitants of the State of Vermont." At the very least, the majority should have held the issue to be decided on a case-by-case basis rather than establishing a blanket rule. As the Dixson appeal was being considered by
9180-411: The private area ends and any " open fields beyond ". Households Household models include families, blended families , shared housing , group homes , boarding houses , houses of multiple occupancy (UK), and single room occupancy (US). In feudal societies, the royal household and medieval households of the wealthy included servants and other retainers. For statistical purposes in
9282-436: The property, and a felled tree, past which they had to proceed on foot to a dwelling at the center of the 40 acres (16 ha) of forest. From the dwelling they were able to see cannabis planted 800 feet (240 m) away, outside the curtilage of the house. The couple who were in the process of buying the property, and a friend who was helping them grow the plants, were arrested and later convicted of manufacturing and possessing
9384-469: The public by erecting barriers to entry, such as fences, or by posting signs." He then applied the rule to the instant case and found that it did not apply to the Dixsons since the signs they had posted on the road to their house barred only hunting. "There was no objective reason for the officers to believe that ... other uses such as hiking were forbidden" since it was common in Oregon for those uses to take place on large tracts of privately owned land where it
9486-551: The speed limit because there are laws against speeding." Returning to the majority's apparent confusion over the meaning of "possessions", Peck said it was insulting to the framers of the Vermont Constitution to suggest that they "simply tossed in words willy-nilly with no intent that they have any particular meaning; merely filling in blanks, as it were, with the first word that came to mind." He believed that they chose their words carefully and would not have expected
9588-586: The standard and 1.3 percent having two bedrooms or more below the standard. According to local authorities in 1965, five percent of the housing stock in England and Wales was unfit for habitation. In 1974 an estimated 23% of the population of the UK lived in a detached house, while 50% lived in an attached house, 23% in an apartment or flat, and 4% in other types of homes (trailers, mobile homes, etc.). In terms of amenities, in 1975 an estimated 1% of all houses were without
9690-435: The state constitution should or could be interpreted in the same way the Oliver Court had interpreted the federal constitution. Hancock turned to the second part of the Katz test: whether Scott's interest in his privacy asserted by posting his property was objectively reasonable. The Oliver majority had dismissed the idea, pointing instead to social consensus as where to look, but, the judge wrote: We believe that under
9792-405: The state's constitutional history rather than the federal constitution. Louis P. Peck , in one of his last opinions before retirement, dissented at length, attacking and ridiculing the majority for judicial activism in an opinion rife with cultural and literary references. "I am sadly disappointed, and frustrated beyond comfort", by the majority opinion, Peck began. He likened it to a brief for
9894-409: The statutory overcrowding standard; the 1964 percentage was 0.5 percent. In 1964, 6.9 of all households exceeded one person per room. The 1960 figure was 11 percent, with 1.75 percent having two or more bedrooms below the standard and 9.25 percent having one bedroom below the standard. This declined slightly by 1964 to 9.4 percent of households below the standard, with 8.1 percent having one bedroom below
9996-416: The user of a phone booth it was going beyond any possible meaning of "persons, houses, papers and effects", as Justice Thurgood Marshall had noted in his Oliver dissent. Lastly, Gillette noted, if read literally the Fourth Amendment as well as Oregon's constitution would have only protected citizens in their own houses, and not in any other buildings. "If the individual has a privacy interest in land outside
10098-537: Was first articulated by the U.S. Supreme Court in Hester v. United States , which stated 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." This opinion appears to be decided on the basis that "open fields are not a "constitutionally protected area" because they cannot be construed as "persons, houses, papers, [or] effects." This method of reasoning gave way with
10200-505: Was highly critical of it. Within a year of Oliver , deputy sheriffs in Coos County, Oregon , followed up on a tip that marijuana was being grown on a local lumber company's land. After flying over the property in question and observing possible groves of the plant, then seeing a truck carrying water onto the property via a private access road, the deputies followed the road, past a cable stretched across it, signs prohibiting hunting on
10302-478: Was not expressly forbidden. Therefore, having affirmed the appeals court's rejection of the open-fields doctrine, the state's Supreme Court reversed it on the specific issues of the case and affirmed the conviction. A case that had begun before Oliver provided the Vermont Supreme Court with its opportunity to consider the open-fields doctrine almost a decade later. In 1982 Robert Kirchoff bought
10404-972: Was single-family housing. Seventy-eight percent of housing in 1961 consisted of single-family homes, compared to 56 percent in the Netherlands, 49 percent in West Germany and 32 percent in France. In England and Wales in 1964, 6.6 percent of housing units had two or fewer rooms; 5.8 percent had seven or more rooms, 15.2 percent had six rooms, 35.1 percent had five rooms, 26.3 percent had four rooms, and 11.1 percent had three rooms. These figures included kitchens when they were used for eating meals. Fifty percent of 1964 housing had three bedrooms; 1.9 percent had five or more bedrooms, 6.2 percent had four bedrooms, 10.5 percent had one bedroom or none, and 31.3 percent had two bedrooms. A 1960 social survey estimated that 0.6 percent of households in England and Wales exceeded
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