- For many people, a central attraction of owning and living on a multi-acre expanse of land is the opportunity for complete privacy -- to include freedom from the prying eyes of government.

While most Americans might understandably believe the Fourth Amendment’s protection against warrantless searches covers all their property, a little-known 1924 Supreme Court decision -- Hester v United States -- says otherwise. The case struck a major blow against privacy rights, and government agents of all stripes have been exploiting the ruling ever since.

This unsettling brand of government misconduct springs from the Supreme Court's Hester decision.

In that 1924 case arising from the alcohol prohibition, revenue agents saw a man, Hester, exit his father’s house and hand another man a bottle. When the two men became aware of the agents’ presence, they both ran, each dropping a bottle on the Hester property. With no warrant, agents entered the property, examined the bottles and found they contained moonshine whisky.

Supreme Court opinions frequently span upwards of 70 pages or more. With Hester, however, the court took just two paragraphs to decimate the Fourth Amendment’s protection of landowners, with Justice Oliver Wendell Holmes declaring “the special protection accorded by the Fourth Amendment to the people in their ‘persons, houses, papers, and effects,’ is not extended to the open fields.”

And with that, he burdened his fellow citizens with the “open fields doctrine,” which allows warrantless searches and trespassing on land beyond the “curtilage,” a vague term referring to the outdoor area immediately surrounding a home.

In 1984, the Supreme Court had an opportunity to undo the harm done by Hester, after a different kind of prohibition -- against marijuana -- had incentivized police to violate property and privacy rights.

Government Agents Routinely Entering Private Land Without Warrants

https://www.zerohedge.com/political/government-agents-routinely-entering-private-land-without-warrants

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