State v. Henker, 50 Wn.2d 809, 811, 314 P.2d 645 *907 (1957). 348 (1971) (officers attempting to serve warrant went to wrong house; one went to side and rear, far from all access routes; peered into bathroom and kitchen windows); Huffer v. State, 344 So. Here, the issuing judge was furnished with an affidavit which stated the affiant was a police officer who had observed marijuana both in plant and crushed leaf form for the past 8 years. Owner demands they leave, defendants refuse, charged with violating NJSA 170-31, which covers a defiant trespasser who is charged $50 for doing so. Rather, it must be determined under the facts of each case just how private the particular observation point actually was. 2d 603 (1968). Defendants entered upon private property in order to aid migrant workers housed thereupon, and, after being ordered to leave by the owner, refused and were convicted of trespassing. Kipperman, Inaccurate Search Warrant Affidavits as a Ground for Suppressing Evidence, 84 Harv. "His is the duty to ascertain whether the warrant sought is being reasonably requested and on reasonable grounds." [2] See, e.g., United States v. Wright, 449 F.2d 1355 (D.C. Cir.1971), cert. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, Here defendants rely upon cases construing the National Labor Relations Act, 29 U.S.C.A. The farmer, of course, is entitled to pursue his farming activities without interference, and this defendants readily concede. In the instant case, Sgt. 180 (Cir. Indeed, petitioners have not contended such was the case. See also United States v. Carmichael, supra; accord, State v. Goodlow, 11 Wn. Premises Liability of Landlords     PREMISES LIABILITY There an officer, looking for the suspect at night, went to the side of a house where there were no doors or defined pathway. He merely looked at a greenhouse which was visible from both the parking area and the entire side yard including the area which, it was admitted, was the access route to the north door. This court held that, there being no exigent circumstances for the initial entry into the room, the officer had no right to be where he was when he examined the contraband and seized it. State v. Borrell, 167 Wis. 2d 749, 781, 482 N.W.2d 883 (1992) (citing State v. Harris, 119 Wis. 2d 612, 622, 350 N.W.2d 633 (1984)). It should be noted that these cases are cited for illustrative purposes only. Although the remedy of restitution is available in a variety of different situations, both within the bounds of contract law and beyond them, in one of its aspects it serves a purpose similar to promissory estoppel by allowing for the enforcement of obligations that do not qualify as contractual. 2d 335, 92 S. Ct. 2051 (1972). After ringing the doorbell and receiving no answer, they heard a dog barking and saw a light in the backyard. We see no profit in trying to decide upon a conventional category and then forcing the present subject into it. L. Rev. *300 Defendant Tejeras is a field worker for the Farm Workers Division of the Southwest Citizens Organization for Poverty Elimination, known by the acronym SCOPE, a nonprofit corporation funded by the Office of Economic Opportunity pursuant to an act of Congress, 42 U.S.C.A. Unlock your Study Buddy for the 14 day, no risk, unlimited trial. Having refused to depart upon the demand of the owner, defendants were charged with violating N.J.S.A. The Report of the Governor's Task Force on Migrant Farm Labor (1968) noted that "One of the major problems related to seasonal farm *305 labor is the lack of adequate direct information with regard to the availability of public services," and that "there is a dire need to provide the workers with basic educational and informational material in a language and style that can be readily understood by the migrant" (pp. Unjust Enrichment, Restitution, and “Moral Obligation”. Argued March 8, 1971.

CASE CLIPSState v. Shack (1971)Facts: Pursuant to federal statutes mandating legal and other aid for migrant workers, the defendants, Tejeras and Shack, entered a farmer’s land to see certain workers. The court also held the officer's innocent mistake of identifying a tomato plant as marijuana did not invalidate the warrant. There, police officers went to the front door of a suspect's residence to talk with him. The Supreme Court of New Jersey. The determination of probable cause should be given great deference by reviewing courts.

denied, 380 U.S. 906, 85 S. Ct. 888, 13 L. Ed. 14,000 + case briefs, hundreds of Law Professor developed 'quick' Black Letter Law. Currently, the states’ approaches to premises liability fall into three distinct camps.

2d 969, 101 S. Ct. 3106 (1981), an officer, having previously arrested one defendant, entered a dormitory room occupied by his roommate. Absent such a requirement, we cannot say the limited deviation, within the open area, that occurred in this case was so unreasonable as to be an intrusion upon a privacy expectation deserving of Fourth Amendment protection under Katz v. United States, supra. SUZZI SEAGULL, ET AL, Petitioners. Under New Jersey state property law there is no right to bar access to government services available to migrant workers; therefore, no trespass occurred. Kersley 1939), p. 238; 39 Words and Phrases, "Sic Utere Tuo ut Alienum Non Laedas," p. 335. With slight attention to words or labels, time marches on toward new adjustments between individualism and the social interests.". See also Restatement, Second, Torts (1965) §§ 197-211; Krauth v. Geller, 31 N.J. 270, 272-273 (1960).

Since the migrant workers are outside the mainstream of the communities in which they are housed and are unaware of their rights and opportunities and of the services available to them, they can be reached only by positive efforts tailored to that end. In order to not constitute a taking, the land use regulation must ... Subject of law: The Due Process, Contract, And Just Compensation Clauses And The Review Of The Reasonableness Of Legislation. The officer was not secretive; rather, he acted openly in an honest attempt to talk with the occupants of the house. address. The men were charged with trespass. The trial court denied the motion to suppress and found petitioners guilty of possession of over 40 grams of marijuana. So, too, the migrant worker must be allowed to receive visitors there of his own choice, so long as there is no behavior hurtful to others, and members of the press may not be denied reasonable access to workers who do not object to seeing them. Unjust Enrichment, Restitution, and “Moral Obligation” He stopped between six and ten feet from the greenhouse and observed what he concluded was a marijuana plant growing in the southeast corner.

The only act that seems open to challenge is that the officer appears to have strayed slightly from the most absolutely direct route between the two doors. App. 176 (1960) (officer secretly looked in window of rear door which had drawn shade which was worn and frayed); McDougall v. State, 316 So. Section 2862(b)(1) provides for funding of programs "to meet the immediate needs of migrant and seasonal farmworkers and their families, such as day care for children, education, health services, improved housing and sanitation (including the provision and maintenance of emergency and temporary housing and sanitation facilities), legal advice and representation, and consumer training and counseling." State v. Shack Brief . The Court of Appeals affirmed, holding Sergeant Talvi had an implied invitation to enter the property and that he had not exceeded that implied invitation by making his observation of the plant in the greenhouse. See State v. Helmka, 86 Wn.2d 91, 542 P.2d 115 (1975); State v. Smith, supra. Synopsis of Rule of Law. The reason is that we are satisfied that under our State law the ownership of real property does not include the right to bar access to governmental services available to migrant workers and hence there was no trespass within the meaning of the penal statute. General definition:  A person may be said to hold a property interest, in the broadest sense, if he has any right which the law will protect against infringement by others. He did not get as close to the greenhouse as he could have; instead he kept his distance. There is no evidence the error was the product of intentional falsehood or the reckless disregard of facts. However, a substantial and unreasonable departure from such an area, or a particularly intrusive method of viewing, will exceed the scope of the implied invitation and intrude upon a constitutionally protected expectation of privacy. The determination of whether there is probable cause to issue a warrant must be made by the issuing judge. Crim.

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