[3] In order to enter the property the two officers climbed over two series of fences which had "No Trespassing" signs posted all around them.

[3] Upon discovering large quantities of marijuana being grown, the defendant was arrested and charged with four drug related counts.

[3] The defendant was convicted of a lesser included offense, of which he appealed challenging that his Fourth Amendment rights had been violated.

The same is true of Burton's claim that the police entry onto his land constituted a trespass under Kentucky State law.

The Supreme Court, in Oliver, addressed this issue, in the identical context of Kentucky law, observing in the case of open fields, the general rights of property protected by the common law of trespass have little or no relevance to the applicability of the Fourth Amendment.