Widgren v. Maple Grove Township

429 F.3d 575 (2005)

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Widgren v. Maple Grove Township

United States Court of Appeals for the Sixth Circuit
429 F.3d 575 (2005)

  • Written by Jack Newell, JD

Facts

Kenneth Widgren, Sr. (plaintiff) owned a house on a 20-acre parcel of undeveloped land in Maple Grove Township (the township) (defendant). The property was fenced in, and no-trespassing signs were posted. The area immediately around the house was mowed and had a fire pit and a picnic table. The house could only be seen from a parcel to the south or from the air unless one actually entered the Widgren property. A tax assessor for the township drove by the parcel and saw the no-trespassing signs. The tax assessor drove onto the neighboring parcel to the south to get a look at the house. Upon looking at it, the tax assessor crossed over to the Widgren parcel to observe the house. The assessor took measurements and photos of the house’s exterior and later sent Widgren a letter to give him notice of the assessment. Widgren sued in federal district court, claiming the assessment was a warrantless search that violated the Fourth Amendment. The district court rejected the claim on the basis of the open-fields doctrine. Widgren appealed to the Sixth Circuit.

Rule of Law

Issue

Holding and Reasoning (Merritt, J.)

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