Does a parking lot on private property fall under the Open fields doctrine?

Question

Meaning could in be searched by police officers w/o warrent or probably cause? and what would probably cause be?

**probable

Answer 1

I believe this doctrine protects against "unreasonable" searches if there is no warrant. If there was the "probable cause", then the search still can be conducted. Also, I think, "open fields" is everything OTHER THAN "persons, houses, papers, and effects". Can the private parking lot fall under the "effects" category??? If so, then it is protected by the Open Fields Doctrine and only the "reasonable" search with a "probable cause" can be conducted without a warrant.
"Unreasonable" search without the "probable cause" cannot be conducted without the search warrant/

Probable cause could be that if, for example, they believed the explosives are in that lot, or the drugs, or somebody got killed there, or the stolen vehicle is parked there, or any other stolen property, etc. That is what I think.

Also the lot has to be visibly identified as the private one, with visible signs, etc.

OK, I did more research on this. "Persons, houses, papers, and effects" is everything where the "intimate activities" are held and there is an expectation that these intimate activities should be protected against any unreasonable intervention.

If the parking lot is immediately next to your home (your home is surrounded by it) then it does not fall under the "open fields" and it only can be searched if there was the probable cause and if the search is reasonable.

If the parking lot is not immediately next to your house, then it is an "open fields" and it is not protected by the doctrine. It can be searched without a warrant.

Answer 2

It absolutely falls under the open fields doctrine. And the cops can come in and look into the windows of cars and anything they see in the car does not implicate the 4th Amendment. It's not considered a search.

What would probable cause be? That's too general to really answer. Probable cause is The facts and circumstances w/i an officer's knowledge and of which they have reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an item subject to seizure will be found in the place to be searched.

In English, this means a certain quantum of likelihood that something is properly subject to seizure by the govt is presently in the specific place to be searched.

Private property has little to help you if it isn't your private property or if you don't put up a fense. If you aren't concerned about your privacy, neither is the constitution, so keep your secrets well hidden in your own place.