What does the term 'open field' mean and when is trespassing legal?

Question

Is it OK to go onto someones private property with out permission to get evidence for a later search warrant?

Answer 1

Trespassing is never legal.

Officers can use things seen in plain view to apply for a search warrant if they were lawfully present when the thing(s) in question were seen.

"Open Field" refers to an area of someones property where there is no "reasonable expectation of privacy." For instance, it lies outside the everyday use of the resident, is visible from an open road, etc.

See:

http://en.wikipedia.org/wiki/Open_fields_doctrine

Answer 2

I would think not. If you are positive that the evidence is there, I would contact the local authorities and have them go to the residence in question and let them handle it. Open Field could mean that the evidence could be in an open field and not the terminology that It's a "Free for All" as I think you are taking it. If it's private property, then, it means exactly that, especially if it is posted. Trespassing is by permission only. If there are no postings then, you are trespassing at your own risk but won't get violated for it but, instead be verbally warned.