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REPORT ABUSIVE REPLY
Message Subject How to keep police/government off private property?
Poster Handle Anonymous Coward
Post Content
More anecdotal evidence:

"The manner in which a fence or barrier is constructed may also be relevant in
determining privacy expectations.41 A homeowner who surrounds his home with an
electrified chain link fence topped with razor wire could make a good case that he
reasonably expected privacy. On the other hand, a white picket fence or a chain hanging
between two posts would not be viewed as a serious effort to prevent entry. "



"For example, in U.S. v. Reyes42 a probation officer went to Reyes’ house to investigate
a report from the DEA that Reyes, a probationer, might be growing large quantities of
marijuana. When no one answered the front door, the probation officer walked down a
gravel driveway along the side of the house to see if Reyes was in the backyard. There
was a “chain hanging from two posts across a portion of the driveway” but it “did not extend the full width of the driveway.” While walking along the driveway, the probation
officer spotted marijuana plants on Reyes’ property.
In ruling that Reyes could not reasonably expect that visitors would not walk along
his driveway, the trial court said, “Although there was a chain to prevent vehicles from
entering the driveway, there were no signs forbidding pedestrian access. [Furthermore]
the driveway was not secluded in any manner. The driveway led to the street and could
be viewed in its entirety from the street.” Thus, the court ruled, “In these circumstances,
there was nothing inappropriate, much less unconstitutional, about the probation
officers’ entry onto the driveway . . . ”


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