Plain view doctrine. Plain view doctrine 2019-01-10

Plain view doctrine

Second, the officer must have a lawful right of access to the object itself. Tobin documents in Hidden in Plain View. It is true that the inadvertent discovery requirement furthers no privacy interests. And an object that comes into view during a search incident to arrest that is appropriately limited in scope under existing law may be seized without a warrant. The rule that allows a law enforcement officer to seize evidence of a crime, without obtaining a search warrant, when that evidence is in plain sight. This court was concerned with examining the subjective state of mind of an officer and what he expected to find.

plain view doctrine

First, even-handed law enforcement is best achieved by the application of objective standards of conduct, rather than standards that depend upon the subjective state of mind of the officer. The plain view doctrine is not covered in the fourth amendment. They made this process easy and answered all my questions. It was a pretty high alcohol violation and my odds weren't looking favorable. I would be interested to learn whether any judicial officials in North Carolina have imposed any such requirements on computer search warrants, and if so, how those requirements played out in practice. The court did not agree with the appellants that the evidence should have been suppressed. They avoided the house but went to the barn and other outlying structures.

Plain view doctrine

The officer could not have known beforehand where the evidence was located. Brown, supra, at Powell, J. Pontier, 95 Idaho 707, 712, 518 P. Where the initial intrusion that brings the police within plain view of such an article is supported, not by a warrant, but by one of the recognized exceptions to the warrant requirement, the seizure is also legitimate. There are a few ways the officer could be there legally which are; while serving a search warrant, while in pursuit of a suspect, entry with a valid consent, and while making a valid arrest. Assume also that the discovery of the one photograph was inadvertent, but finding the other was anticipated.

Plain View Doctrine

Other places would be our curtilage. Thank you once again James and if I should need it harder for anything in the future he would definitely be the one. Suspecting that the stereos were stolen, the officer read and recorded the equipment's serial numbers. All of these tasks had instructions which were. There are some requirements of the plain view doctrine. The answer depends on whether the officer has probable cause to suspect that those items are related to a crime. The Court also has drawn distinctions between searches and seizures in applying the plain view doctrine.

Horton v. California :: 496 U.S. 128 (1990) :: Justia US Supreme Court Center

One place is a house; houses are protected under the fourth amendment. !! The officer opens the envelope and discovers several checks, which the officer recognizes as forgeries. In , 1987 , an officer was found to have acted unlawfully when the officer moved, without probable cause, stereo equipment to record the serial numbers the officer was present to investigate a shooting. While returning to the purse the officers heard screaming behind a brick-walled backyard. An officer stopped Dickerson to search him for weapons. The officer may rely on his experience in determining whether the object is contraband.

Legal Dictionary

Welker Motivations behind the Sun Dance varies slightly between tribes. The Supreme Court ruled that the plain view doctrine permitted the officer to seize the weapons, even though he hadn't set out to find the weapons in the first place. The second requirement articulated in the Coolidge case was examined in Horton v. During a search, an officer observes, in plain view, an item not covered in the warrant. In other instances police can also seize evidence that is in open fields. The Ninth Circuit in United States v. Dickerson 1993 Timothy Dickerson was spotted by police leaving a well-known 'crack house'.

Plain view rule legal definition of Plain view rule

It might also arise in a stop and frisk situation. The staff was great for getting back to me with any questions I had in regarding my case. The staff was great for getting back to me with any questions I had in regarding my case. As the driver was looking for his license, the officer noticed small plastic vials, loose white powder and an open bag of party balloons in the glove compartment. But where the discovery is anticipated, where the police know in advance the location of the evidence and intend to seize it, the situation is altogether different.

What is the Plain View Doctrine?

The majority is correct, but it has asked the wrong question. Held: The Fourth Amendment does not prohibit the warrantless seizure of evidence in plain view, even though the discovery of the evidence was not inadvertent. Restricting Plain View Although plain view is fairly straight forward, there are some restrictions to how police officers can use the plain view doctrine. After much research, Minick Law topped my list. The plain view doctrine has three requirements that must be met before the evidence can be introduce as evidence.