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How the ‘Open Fields Doctrine’ Nullifies the Fourth Amendment

Cato Daily Podcast

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*Kentucky had an Open Fields doctrine before it went Federal. Thanks Prohibition! *

Kentucky embraced the open fields doctrine under its state constitution in 1922, even before the US Supreme Court did in 1924. This doctrine, related to prohibition and whiskey production, created a loophole in the Fourth Amendment. The historic connection to the war on drugs prohibition is ironic given that Kentucky now produces 95% of the world's bourbon. State constitutions can provide greater protections beyond the US Constitution, potentially influencing federal courts to extend protections as well. By advocating for rights at the state level, there is hope to establish momentum for the US Supreme Court to reconsider and expand landowners' protections in the future.

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