Plain view doctrine

The plain view doctrine is a further exception to the warrant requirement. The doctrine outlines three requirements for law enforcement to validly seize an item without a warrant. “First, the police officer must lawfully make an ‘initial intrusion’ or otherwise properly be in a position from which he can view a particular area.” Any item the officer sees from a place of lawful access will have been viewed from a lawful vantage point. Second, the item must possess some quality to make it…

The Fourth Amendment of the Constitution provides “protection against unreasonable searches or seizure by government agents and law enforcement officers who then attempt to use that evidence in a criminal prosecution”(Buckles, 2006, p. 132), therefore law enforcement and investigators must meet certain requirements in order to avoid that the evidence would fall under the exclusionary rule. There are two Four Amendment Search Warrant Requirements they are probable cause and a sworn affidavit…

There has been a fluctuation in the number of police officers in the past couple of years. However, due to this generation depending on technology, increasing rates of many white collar crimes, such as computer crimes, employee theft, and fraud have made themselves norms of our society. Law enforcement have been notorious for having a monopoly on policing until the high demand for private security in the United States. There are many similarities between these two agencies as well as differences…

authoritative misconduct in violation of the Fourth, Fifth and Sixth Amendments against unreasonable search and seizure, coercion, and provides the right to counsel under due process of the law (Cornell Law School, 2007). The Fruit of the Poisonous Tree Doctrine can result in the dismissal of evidence collected at a crime scene as proof of guilt found in violation of the Fourth Amendment. The Fourth Amendment clearly states that the rights of the people are to be secure in their homes and…

possible weapons and provide a sense of safety to the officer during the process of an arrest. The third exception is known as the plain view doctrine which allows law enforcement officers to possess any evidence that is in plain sight of the officer. The rule also allows law enforcement officers to use flashlights or vehicular spotlights to help reveal objects in plain view at night. Although the exception does exclude extraordinary measures such as the use of special devices or techniques. The…

Midterm 1. Decide as an appellate judge based on the law that you have learned whether the police had a legitimate exigency based on the 4th Amendment and whether the trial judge should have suppressed the marijuana cigarette as evidence. In King v. State the trial judge should NOT suppressed the marijuana blunt as evidence. In this situation the police had "probable cause," meaning there was reasonable basis for the officers to believe that a crime may have been committed when they heard "Some…

the Justin Meyers case from the textbook, there are many similarities and differences that stand out between the two cases. The first similarity is that the facts of the cases each involve some sort of issue regarding admissibility of evidence in plain view. In the Hicks case, the admissibility of the stereo was questioned and in the Meyers case, the admissibility of the bloody handkerchief was questioned. Another similarity that can be seen between both cases is the legality of the seizures in…

Zwingli expressed his views of the Lord’s Supper like the Catholic Church’s view. He states that Christ’s presence in the sacrament is to be explained in terms of the doctrine of transubstantiation, which applies that when the priest says the words of consecration, the substance of bread and wine is transformed into the body and blood of Christ. The…

West, Buddhism has gained increasing popularity in part due to its frequent portrayal as an exception to the conflict between scientific and spiritual thought. Proponents of this view—deemed “Buddhist Modernists” or “Secular Buddhists”—argue that Buddhism possesses certain qualities which make it compatible with a secular view of the world, while providing a source of purpose…

Warrantless searches include: consent, plain-view, search incident prior to an arrest, exigent circumstances, automobile exception, and hot pursuit (Justia: Criminal Law, n.d). If consent is given voluntarily by a person then the area may be searched without a warrant. For example, if police want to search someone’s backpack and the person agrees to them searching there is no need for a search warrant. Plain-view is like stated earlier if an object is out in plain sight then the item can be…