Plain View Vs Fourth Amendment

God incorporated everyone with unalienable rights, life, liberty and the pursuit of happiness or property, when the created us. Also aware that there is a presence of sin; He knew there was a need for limited government. Our ancestors believed in this need for limited government as well, so they designed rules to assist in the control and prevention of crime. They wrote our Bill of Rights and our Constitution, which help protect the people from unlawful acts. The fourth amendment; the right to lawful search and seizure, as well as other rights such as the plain view doctrine; have been set in place by officials for everyone’s protection. The plain view doctrine allows an act of seizure to take place as long as evidence is in plain view, which in this case is. If this response were simply a knock and talk, it …show more content…
Therefore, searching the privacy of the home would be unconstitutional under due process of law and the fourth amendment. The marijuana plants being in plain sight do not constitute a search of property within the home, just as it being unlawful does not merit enough evidence to request a search warrant within the premises under probable cause. With only a personal belief that the owners are dealing or doing drugs, there is no substantial evidence to request a warrant either. In addition, we do not have probable cause to enter the premises unless asked to enter by the owners while responding to the premises due to a noise ordinance violation. Even with permission to enter, we do not have a warrant to search the premises. The only items available for lawful possession as evidence at this time would be items in plain view. However, if the home smells of marijuana or the owner has possession of paraphernalia would we have a right to search the premises during the arrest of the suspect, based under search incident to lawful arrest; Kentucky v. King (2011), 131 S. Ct.