United States v. Pace
Encyclopedia
United States v. Pace (955 F.2d 270 (5th Cir.), cert. denied¸ 502 U.S. 883 (1992)) is a United States Court of Appeals for the Fifth Circuit
court decision relating to the open fields doctrine
limiting the scope of the Fourth Amendment
of the U.S. Constitution.
Acting on a tip, Texas
investigators, entered onto the defendant’s property and peeked through a hole in a barn where they discovered marijuana
being cultivated. With this information the officers gained a search warrant
, which they used to search the property. The defendant was eventually arrested, tried and convicted for possession with intent to distribute. The defendant challenged on Fourth Amendment
grounds, claiming that the barn was inside the "curtilage" of his home. The court found that it was not and that the search was legal pursuant to the "open fields" doctrine. The court held that the search was constitutional
and that the barn was not within the curtilage of the appellant's home because the barn was located a significant distance from the house, was separated from the house by an interior fence, was not being used for activities associated with the intimacies of home life, and was readily visible from the surrounding area.
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
court decision relating to the open fields doctrine
Open fields doctrine
The open fields doctrine is a U.S. legal doctrine created judicially for purposes of evaluating claims of an unreasonable search by the government in violation of the Fourth Amendment of the U.S...
limiting the scope of the Fourth Amendment
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
of the U.S. Constitution.
Acting on a tip, Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
investigators, entered onto the defendant’s property and peeked through a hole in a barn where they discovered marijuana
Cannabis (drug)
Cannabis, also known as marijuana among many other names, refers to any number of preparations of the Cannabis plant intended for use as a psychoactive drug or for medicinal purposes. The English term marijuana comes from the Mexican Spanish word marihuana...
being cultivated. With this information the officers gained a search warrant
Search warrant
A search warrant is a court order issued by a Magistrate, judge or Supreme Court Official that authorizes law enforcement officers to conduct a search of a person or location for evidence of a crime and to confiscate evidence if it is found....
, which they used to search the property. The defendant was eventually arrested, tried and convicted for possession with intent to distribute. The defendant challenged on Fourth Amendment
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
grounds, claiming that the barn was inside the "curtilage" of his home. The court found that it was not and that the search was legal pursuant to the "open fields" doctrine. The court held that the search was constitutional
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
and that the barn was not within the curtilage of the appellant's home because the barn was located a significant distance from the house, was separated from the house by an interior fence, was not being used for activities associated with the intimacies of home life, and was readily visible from the surrounding area.