Rogers v. State case brief

Rogers v. State case brief
760 S.W.2d 669

CASE SYNOPSIS: Defendant sought review of an order from the District Court of Hopkins County (Texas) convicting her of allowing dog fights on her property.

FACTS 

Defendant was charged with allowing dog fights on her property. The jury convicted her and assessed punishment at four years confinement and a $ 2000 fine. The imposition of sentence was suspended and defendant was placed on probation for four years. 

DISCUSSION

On appeal, the court affirmed, finding that no search warrant was required by the police because Fourth Amendment protection did not extend to defendant's open field. The court noted that the dog pit was located on defendant's property in an open section of the woods nearly 400 yards from defendant's mobile home. The dog pit was obviously not within the curtilage of defendant's habitation. The court further found that the statute that defendant was convicted under was not unconstitutionally vague.

CONCLUSION: The order convicting defendant of allowing dog fights on her property was affirmed because Fourth Amendment protection did not extend to defendant's open field. The dog pit was located on defendant's property in an open section of the woods nearly 400 yards from defendant's mobile home.