Open-fields doctrine: Difference between revisions

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Peck also called the majority's holding that the search was unconstitutional "a grossly unfair example of police-bashing", that he himself took personally.
{{quote|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, the decision of one of the most activist-oriented among the state courts,{{efn|''Dixson''}} 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{{efn|Peck was referring to ''State v. Linder'', in which the [[New Hampshire Supreme Court|Supreme Court of neighboring New Hampshire]] had five years previously held the open-fields doctrine applied in that state.<ref name="State v. Linder">{{cite court|litigants=State v. Linder|vol=128|reporter=N.H.|opinion=66|court=[[New Hampshire Supreme Court|N.H.]]|date=1986|url=https://scholar.google.com/scholar_case?case=2487942038615680423|accessdate=October 3, 2019}}</ref>}} ... 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 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]] 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.<ref name="Kirchoff 999–1008" />
 
===''People v. Scott''===