Plain view doctrine

Plain view doctrine

The plain view doctrine allows an officer to seize without a warrant, evidence and contraband found in plain view during a lawful observation.

For the plain view doctrine to apply for discoveries, three criteria must be met:
# the officer is where he has a legal right to be,
# ordinary senses must not be enhanced by advanced technology, and
# any discovery must be by chance.

In order for the officer to seize the item, the officer must have probable cause to believe the item is evidence of a crime or is contraband. The police may not move objects to get a better view. In "Arizona v. Hicks", 480 U.S. 321 (1987), the officer was found to have acted unlawfully. While investigating a shooting, the officer moved, without probable cause, stereo equipment to record the serial numbers. The plain view doctrine has also been expanded to include the sub doctrines of plain feel, plain smell, and plain hearing.Retrieved August 14, 2006, from FindLaw: U.S. Constitution: Fourth Amendment: Annotations pg. 4 of 6 Web site: http://caselaw.lp.findlaw.com/data/constitution/amendment04/04.html]

In "Horton v. California" 496 U.S. 128 (1990), the court eliminated the requirement that the discovery of evidence in plain view be "inadvertent". Previously, "inadvertent discovery" was required leading to difficulties in defining "inadvertent discovery." A three-prong test is now used. The test requires the officer to be "engaged in lawful activity at the time," "the object’s incriminating character was immediately apparent and not concealed," and "the officer had lawful access to the object and it was discovered accidentally."O'Connor, T (05/15/06). Retrieved August 14, 2006, from SEARCH AND SEIZURE: A GUIDE TO RULES, REQUIREMENTS, TESTS, DOCTRINES, AND EXCEPTIONS Web site: http://faculty.ncwc.edu/toconnor/405/405lect04.htm]

References

ee also

# [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=949575 RayMing Chang, Why the Plain View Doctrine Should Not Apply to Digital Evidence, 12 Suffolk Journal of Trial and Appellate Advocacy 31 (Spring 2007)]


Wikimedia Foundation. 2010.

Игры ⚽ Поможем написать курсовую

Look at other dictionaries:

  • plain view doctrine — 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. For example, a policeman who stops a motorist for a minor traffic violation and sees a handgun… …   Law dictionary

  • plain view doctrine — In search and seizure context, objects falling in plain view of officer who has the right to be in position to have that view are subject to seizure without a warrant and may be introduced in evidence. Harris v. U. S., 390 U.S. 234, 236, 88 S.Ct …   Black's law dictionary

  • plain view — n 1: a location or field of perception in which something is plainly apparent 2: a doctrine that permits the search, seizure, and use of evidence obtained without a search warrant when such evidence was plainly perceptible in the course of lawful …   Law dictionary

  • clear view doctrine — See plain view doctrine …   Black's law dictionary

  • clear view doctrine — See plain view doctrine …   Black's law dictionary

  • view — The common law right of prospect; the outlook or prospect from the windows of one s A species of urban servitude which prohibits the obstruction of such prospect. The act or proceeding by which tribunal goes to an object which cannot be produced… …   Black's law dictionary

  • plain sight rule — See plain view doctrine …   Black's law dictionary

  • Christian Doctrine —     Christian Doctrine     † Catholic Encyclopedia ► Christian Doctrine     Taken in the sense of the act of teaching and the knowledge imparted by teaching , this term is synonymous with CATECHESIS and CATECHISM. Didaskalia, didache, in the… …   Catholic encyclopedia

  • Two truths doctrine — The Buddhist doctrine of the two truths differentiates between two levels of truth in Buddhist discourse, a relative , or commonsense truth, and an ultimate or absolute spiritual truth. This avoids confusion between doctrinally accurate… …   Wikipedia

  • Fourth Amendment to the United States Constitution — US Constitution article seriesThe Fourth Amendment (Amendment IV) to the United States Constitution is a part of the Bill of Rights. The Fourth Amendment guards against unreasonable searches and seizures, and was designed as a response to the… …   Wikipedia

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”