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Home / Courts / Criminal Practice – Search & Seizure – ‘Open Fields’ — Taking a Bear with Bait (access required)

Criminal Practice – Search & Seizure – ‘Open Fields’ — Taking a Bear with Bait (access required)

State v. Ballance The Fourth Amendment’s protection against unreasonable searches and seizures does not extend to “open fields,” and the term “open fields” applies to defendant’s 119-acred wooded tract that is used only for hunting and growing trees. We find no error in defendant Tanya Ballance’s conviction of taking a bear with the aid of bait, defendant Frank Ballance’s conviction of aiding and abetting Ms. Ballance in taking a bear with the aid of bait, and defendant Richard Swain’s convictions of taking a bear with the aid of bait and placing processed food as bait in an area designated for bear hunting.

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