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State v. Rogers

Citations

  • 638 A.2d 569
  • 161 Vt. 236
  • 1993 Vt. LEXIS 148

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that landowner must take steps to establish expectation of privacy in open fields
  • finding that trooper did not violate Fourth Amendment while “standing in a position from 6 which he could lawfully make an observation” into defendant’s garden within curtilage
  • upholding search in which police walked onto private property outside curtilage, observed recently harvested marijuana patch within or near curtilage, and obtained search warrant
  • upholding search in which police walked onto private property outside curtilage, observed recently harvested marijuana patch within or near curtilage, and obtained search warrant
  • leaving open the question of whether observation of the curtilage from a lawful vantage point is a search if aided by binoculars or technology
  • leaving open the question of whether observation of the curtilage from a lawful vantage point is a search if aided by binoculars or technology

Source: CourtListener parenthetical corpus (CC0).

Judges: Allen, Gibson, Dooley, Morse, Johnson

Read full opinion on CourtListener

Cited by

18 cases in this archive cite this case.

Cites

23 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.