Plain View Doctrine

Definition from nolo s plain english law dictionary.

Plain view doctrine. Below are plain view doctrine examples taken from the the case law. 346 the plain view doctrine. The incriminating character of the object should be immediately identifiable. The plain view doctrine is a concept in criminal law that allows a law enforcement officer to 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.

Evidence in a container can not possibly be identified by plain. Plain view doctrine primary tabs. The doctrine is also regularly used by tsa officers while screening persons and property at u s. The rule that allows a law enforcement officer to seize evidence of a crime without obtaining a search warrant when that evidence is in plain sight.

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. 128 136 37 1990 the supreme court officially adopted a long recognized standard that for police to properly seize evidence in plain view its incriminating character must be immediately apparent. The plain view doctrine also permits certain seizures to be conducted without a warrant. Supreme court has developed and refined the plain view doctrine over time.

The plain view doctrine is an exception to the fourth amendment rights allowing law enforcement agents to make observations in a public place and the police see an object in plain view that was used in a crime the police can them seize that item under the plain view doctrine law. 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. For the plain view doctrine to apply for discoveries the three. The plain view doctrine is an exception to the warrant requirement of the fourth amendment.

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. For example a policeman who stops a motorist for a minor traffic violation and sees a handgun on the back. Plain view doctrine examples. Under the plain view doctrine a law enforcement officer can seize evidence of a crime otherwise known.