“The protected area is defined as the house or place of business and those things immediately connected therewith (gardens, outhouses, and appurtenances necessary for the domestic comfort of the dwelling or place of business), sometimes called the “curtilage”.

—arrest without a valid warrant but upon observation of an offence committed in the officer's presence

"The Oklahoma Supreme Court has held that an accused's statement," No, go ahead look around, "in reply to the officer's question whether he objected to a search of the premises did not constitute a waiver because the officer had manifested an intent to search the premises without a warrant." 41232 US 383 (1914). 2338 US 25 (1949)

Many of the cases adopting an "open fields" rule merely rely, without independent state constitutional analysis, on federal and other state court decisions interpreting the Fourth Amendment.

—case the arresting officer was on a road, about 10 feet away from a building in which defendant was operating a still and he saw the still in operation when defendant opened the door, after which he went to the building and made the arrest and ensuing search.

The federal courts have adopted the "rule of rea-80 81 It appears somewhat inconsistent to permit such a broad and unlimited search and seizure power in our law enforcement officers when they conduct a search as incident to a lawful arrest yet at the same time greatly limit search and seizure under a search warrant. The latter is conducted under judicial supervision …

We initially followed Hester and held that the constitutional protections of Montana's analogous provision to the Fourth Amendment do not extend to an open field.

In the discussion under this section it is said that the protection against unreasonable searches and seizures does not "protect a roadway".

[CITATION] Montana Law Review

[CITATION] The Bill of Rights and American legal history