MBE Rules · Criminal Procedure
Open Fields and Curtilage
Oliver / Dunn (curtilage)
The rule
Open fields beyond the curtilage receive no Fourth Amendment protection despite fences or signs; curtilage is measured by proximity, enclosure, use, and steps taken to shield from view.
In plain English
The Fourth Amendment protects people from unreasonable searches and seizures, but this protection does not extend to open fields, even if they are fenced or marked. Curtilage, which refers to the area immediately surrounding a home, is protected, and its boundaries are determined by factors such as how close it is to the home, whether it is enclosed, how it is used, and what measures are taken to keep it private.
Worked example
A homeowner has a large backyard surrounded by a tall fence and a garden shed at the far end. Beyond the fence, there is an open field that the homeowner uses for farming. If police enter the open field without a warrant, the homeowner cannot claim a violation of the Fourth Amendment since the field is not considered curtilage.
Memory hook
Curtilage is cozy; open fields are free game!
The trap
Exams often present scenarios where students might confuse open fields with curtilage, especially when fences or signs are involved. Students may mistakenly believe that any marked area is protected under the Fourth Amendment.
How examiners test it
Questions typically involve fact patterns that describe a property with both curtilage and open fields, testing the candidate's ability to distinguish between the two based on the factors that define curtilage.
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