What will you argue and will you succeed?

  1. FrankBrazenownedan1,800-acrecattleranchcontainingan airstrip. The airstrip is some 2,000 feet from the house trailer where Brazen resided, in the middle of the ranch property. The police received a tip that a plane would be landing at 2 p.m. They crossed a dike, rammed through a gate blocking the entrance to the airfield, cut the chain lock on a second such gate, cut a fence posted “No Trespassing,” and then walked several hundred yards to hide behind a clump of bushes to conduct surveillance. When the plane landed, the officers saw bales of marijuana being unloaded from the plane. The officers arrested all doing the unloading, including Frank Brazen.

    Brazen filed a suppression motion, which the trial court denied on the ground that the airstrip was in an open field; thus, there was no “search” and the 4th Amendment does not apply. The defense has appealed, and you are the defense lawyer making the argument to the appellate court on Brazen’s behalf. What will you argue and will you succeed?