The plain view doctrine allows a police officer to take any evidence of a crime or contraband that is found in plain sight during a normal observation the police officer does not need a warrant in such a case to collect that evidence. Plain view doctrine 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 plain view doctrine is an exception to the warrant requirement of the fourth amendment in this lesson, you will learn about the basics of the plain view doctrine and how the doctrine is.
The plain view doctrine is an aspect of the legality of search argument it serves to elucidate the egregiousness of the search nota bene: one of the requirements of this doctrine is that the person who does the seizing has the authority to seize. Horton v california, 496 us 128 (1990), was a united states supreme court case in which the court held that the fourth amendment does not prohibit the warrantless seizure of evidence which is in plain view. Plain view 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 procedure and the police had probable cause to believe it was incriminating see also inadvertent discovery compare fruit of the. The plain view doctrine acts as an exception of sorts to the 4th amendment prohibitions against illegal search and seizure the plain view doctrine allow law enforcement seize evidence that is in plain sight of the officer during a constitutionally valid encounter with a citizen.
Annotations plain view—somewhat similar in rationale is the rule that objects falling in the plain view of an officer who has a right to be in the position to have that view are subject to seizure without a warrant 345 or that, if the officer needs a warrant or probable cause to search and seize, his lawful observation will provide grounds therefor 346 the plain view doctrine.
The plain view doctrine allows law enforcement officers to seize contraband or evidence of a crime without first obtaining a search warrant it is a search that puts very few constraints on an officer and often yields very productive arrests. Plain view doctrine definition from nolo's plain-english law dictionary for example, a policeman who stops a motorist for a minor traffic violation and sees a handgun on the back seat may conclude that the driver is unlawfully in possession of the gun, and may enter the car to seize it. Challenges to justify requests for whole-sale seizure and broad, sweeping search-es of digital storage devices, because if inculpatory materials exist, they are.
The plain view doctrine is an exception to the warrant requirement which allows officers to seize items which they observe and immediately recognize as evidence or contraband while they are lawfully present in an area protected by the 4th amendment. While the plain view doctrine is often considered an exception to the general rule that warrantless searches are presumptively unreasonable, an officer's observation of an item left in plain view generally does not constitute a search under the fourth amendment. In the united states plain view doctrine allows an officer to seize, without a warrant, evidence and contraband that are found in plain view during a lawful observation the doctrine is also regularly used by tsa officers while screening persons and property at us airports. Plain view doctrine from lawbraincom in the context of searches and seizures, the principle that provides that objects perceptible by an officer who is rightfully in a position to observe them can be seized without a search warrant and are admissible as evidence.
1-800-529-5655 criminal defense attorney kevin hayslett explains what we should know about search warrants. The plain view doctrine allows an officer to seize without a warrant, evidence and contraband found in plain view during a lawful observation in order for the officer to seize the item, the. The plain view doctrine is a creature of the common law in the united states, the plain view doctrine was defined by the supreme court of the united states in texas vbrown as requiring lawful intrusion, discovery of the evidence inadvertently, and that it be immediately apparent that the object may be evidence of a crime, contraband, or otherwise subject to seizure.
10) however, the plain view doctrine is a separate seizure doctrine, not an exception to the search warrant requirement and, therefore, viewing one document that may be used as evidence of a crime does not necessarily permit the search or seizure of the entire computer. Although you could see it plainly from the sidewalk, the plain view doctrine would not allow you to make a warrantless entry into the residence to get it it is only where you are able to seize the property without having to violate the fourth amendment in getting to it that the plain view doctrine applies.
The plain view doctrine gives validity to any search and seizure made by law enforcement officers even in the absence of search warrant although this doctrine is widely recognized as an exception to the search warrant requirement under the 4th amendment, in reality, the law enforcement officer who discovers an illegal contraband in plain view. Interpretations of the application of the plain view doctrine to digital searches and seizures applied by the four circuit courts that have addressed the issue. Although plain view is fairly straight forward, there are some restrictions to how police officers can use the plain view doctrine first, the police officer cannot move or lift an item to determine whether it is criminal in nature.