| 词条 | United States v. Pace |
| 释义 |
|Litigants=United States v. Pace |Court=United States Court of Appeals for the Fifth Circuit |CourtSeal= |ArgueDate= |ArgueYear= |DecideDate=February 24, |DecideYear=1992 |FullName=United States of America v. Charles D. Pace |Citations=955 F.2d [https://law.justia.com/cases/federal/appellate-courts/F2/955/270/448141/ 270] |Prior= |Subsequent=Cert. denied, {{ussc|502|883|1992|el=no}} |Holding= |Judges=Henry Anthony Politz, Carolyn Dineen King, Samuel D. Johnson Jr. |Majority=King |JoinMajority=a unanimous court |LawsApplied=U.S. Const. amend. IV }} United States v. Pace, 955 F.2d 270 (5th Cir. 1992)[1], cert. denied, {{ussc|502|883|1992|el=no}} is a United States Court of Appeals for the Fifth Circuit court decision relating to the open fields doctrine limiting the scope of the Fourth Amendment of the U.S. Constitution. Acting on a tip, Texas investigators, entered onto the defendant’s property in Travis County and peeked through a hole in a barn where they discovered marijuana being cultivated. With this information the officers gained a search warrant, which they used to search the property. The defendant was eventually arrested, tried and convicted for possession with intent to distribute. The defendant challenged on Fourth Amendment grounds, claiming that the barn was inside the "curtilage" of his home. The court found that it was not and that the search was legal pursuant to the "open fields" doctrine. The court held that the search was constitutional and that the barn was not within the curtilage of the appellant's home because the barn was located a significant distance from the house, was separated from the house by an interior fence, was not being used for activities associated with the intimacies of home life, and was readily visible from the surrounding area.[1] References1. ^1 {{cite court |litigants=United States v. Pace |vol=955 |reporter=F.2d |opinion=270 |pinpoint= |court=5th Cir. |date=1992 |url=https://law.justia.com/cases/federal/appellate-courts/F2/955/270/448141/ |accessdate=2017-11-07 |quote=}} External links
| case = United States v. Pace, 955 F.2d 270 (5th Cir.) | courtlistener =https://www.courtlistener.com/opinion/577033/united-states-of-america-cross-appellant-v-charles-d-pace/ | justia =https://law.justia.com/cases/federal/appellate-courts/F2/955/270/448141/ | other_source1 = OpenJurist | other_url1 =https://openjurist.org/955/f2d/270 | other_source2 = Google Scholar | other_url2 =https://scholar.google.com/scholar_case?case=3031895682439545116 | other_source3 = CaseText | other_url3 =https://casetext.com/case/us-v-pace-16{{US-case-law-stub}}{{DEFAULTSORT:United States v. Pace}} 5 : United States Court of Appeals for the Fifth Circuit cases|United States Fourth Amendment case law|1992 in United States case law|Cannabis law in the United States|Travis County, Texas |
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