Plain View Doctrine Vs Open Fields Doctrine

For this reason the plain view doctrine is considered an exception to the rules that the police would normally follow when conducting searches and seizures.

Plain view doctrine vs open fields doctrine. Plain view items seized is limited in the officers sight and open fields the use of officesrs other senses. For the plain view doctrine to apply for discoveries the three. United states first introduced the doctrine that the fourth amendment protection does not extend to open fields. The doctrine is also regularly used by tsa officers while screening persons and property at u s.

Under this doctrine consent to inspect the location is not required in order for a law enforcement officer to observe and report on things in plain view and include observations made. In the united states the plain view doctrine is an exception to the fourth amendment s warrant requirement that allows an officer to seize evidence and contraband that are found in plain view during a lawful observation. Plain view doctrine the seizure of property is usually in a house or another enclosed place. Plain view doctrine states that items within the sight of an officer who is legally in a place from which the view is made may properly be seized without a warrant as long as such items are immediately recognizable as subject to seizure illegal.

Governmental intrusion and information collection upon open fields do not constitute searches or seizures under the fourth amendment. Law of criminal procedure is the legal doctrine that a warrantless search of the area outside a property owner s curtilage does not violate the fourth amendment to the united states constitution however unless there is some other legal basis for the search such a search must exclude the home and any. The plain view doctrine also permits certain seizures to be conducted without a warrant. An open field is not an area protected under the fourth amendment and there is no expectation of a right of privacy for an open field.

The court has analogized from the plain view doctrine to hold that once officers have lawfully observed contraband the owner s privacy interest in that item is lost and officers may reseal a container trace its path through a controlled delivery and seize and reopen the container without a warrant. Expectation of privacy in an open field is not considered as reasonable or legitimate even if there are fences or no trespassing. Open fields doctrine items found in a non enclosed area.