Discuss the Plain View Doctrine and Provide Three Original Examples

Question

Examlex · Accepted Answer

The Answer is The plain view doctrine is a legal principle that allows law enforcement officers to seize evidence without a warrant if the evidence is in plain view and the officer has a lawful right to be in the location where the evidence is found. In order for a search to fall under the plain view doctrine, three conditions must be met: (1) the officer must have a lawful right to be in the location where the evidence is found, (2) the incriminating nature of the evidence must be immediately apparent, and (3) the officer must have discovered the evidence inadvertently.

Three original examples of a lawful warrantless search that falls under the plain view doctrine are:

1. During a routine traffic stop, a police officer sees a bag of illegal drugs on the passenger seat of the car. The officer has a lawful right to be in the location (the car) and the incriminating nature of the evidence (the drugs) is immediately apparent. The officer did not actively search for the drugs but discovered them inadvertently during the course of the traffic stop.

2. While responding to a domestic disturbance call, a police officer sees a weapon on the kitchen table in plain view. The officer has a lawful right to be in the location (the residence) and the incriminating nature of the evidence (the weapon) is immediately apparent. The officer did not actively search for the weapon but discovered it inadvertently while addressing the domestic disturbance.

3. During a probation check at a person's residence, a probation officer sees stolen property in plain view. The probation officer has a lawful right to be in the location (the residence) and the incriminating nature of the evidence (the stolen property) is immediately apparent. The probation officer did not actively search for the stolen property but discovered it inadvertently while conducting the probation check.

In each of these examples, the evidence was discovered in plain view, the officer had a lawful right to be in the location, and the incriminating nature of the evidence was immediately apparent, thus falling under the plain view doctrine for a lawful warrantless search.

Discuss the Plain View Doctrine and Provide Three Original Examples

Definitions: