plain view definition: nThe exception to the requirement for a search warrant to protect one’s rights against unreasonable search and seizure. (73) In a memorandum, the court then justified the seizure under the "plain feel" exception by drawing an analogy to the plain view exception to the Fourth Amendment warrant requirement, which allows contraband observed New Hampshire,(116) the Court determined that no further intrusion on a suspect's Fourth Amendment rights occurs when officers seize evidence discovered Brown,(164) the plurality acknowledged that "immediately apparent" was a poor choice of words; they imply an excessively high degree of certainty as to the identity of the object. n. the rule that a law enforcement officer may make a search and seizure without obtaining a search warrant if evidence of criminal activity or the product of a crime can be seen without entry or search.
The incriminating character of the object should be immediately identifiable.
The Court of Appeals held that when a police officer enters the curtilage of a home for the purpose of conducting a warrantless search, the officer’s position within the curtilage is not lawful and the warrantless search violates the Fourth Amendment.
See more. In order to obtain a search warrant, the police must demonstrate that a crime has been committed, and that the items used in connection with the crime are likely to be found in that particular location.
Example: a policeman stops a motorist for a minor traffic violation and can see in the car a pistol or a marijuana plant on the back seat, giving him "reasonable cause" to enter the vehicle to …
Daugherty responded by saying that under the circumstances, he would have to accompany Overdahl.
defendant's computer were inadvertently discovered Ohio. Police may only seize objects not named in the warrant if those objects are out in plain sight during the search. Daugherty observed that Chrisman, nervous upon seeing a policeman in his dorm, was in the midst of hiding a small box in the dorm’s medicine chest.
This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional.In full, unrestricted view; visibly, openly, or publicly. The court therefore held that anything found during the search should be suppressed.The case ultimately reached the U.S. Supreme Court, which granted certiorari. (23) The Supreme Court held that even if an officer fully expects to find an item that is ultimately found I can't believe you go outside in plain view of the neighbors with your bathrobe open!Law enforcement spends so much time and resources going after petty criminals, while all these white-collar crooks on Wall Street are swindling people for millions in plain view!
Chrisman handed over the small box he had been trying to hide, which turned out to contain three small bags of marijuana, and $112 in cash.Daugherty then radioed for back-up, and once the second officer arrived, the students were told that a search of their room was necessary. The circumstances under which it may be okay for police to search outside the limits of a warrant is if they are protecting their safety, or that of others. November 21, 2016).
In that case, the 4th Amendment on searches and seizures dictates that the officer would be within his right to seize the contraband as evidence of a crime.A search warrant is an order issued by a judge that permits police officers to search a particular location and, if evidence is found, to seize that evidence from the property.