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Jul 14, 2017 · The plain view doctrine refers to the concept that so long as criminal evidence or contraband is left out “in plain view,” officers conducting a legal search of a property are within their right to seize that evidence.
The plain view doctrine is only proper when the two requirements—a prior valid intrusion based on a valid warrantless arrest and that the evidence found was in plain view of the arresting officer—is met.
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.
The 'plain view' doctrine applies when the following requisites concur: (a) the law enforcement officer in search of the evidence has a prior justification for an intrusion or is in a position from which he can view a particular area; (b) the discovery of evidence in plain view is inadvertent; (c) it is immediately apparent to the officer that ...
Plain view doctrine is a rule of criminal procedure which allows an officer to seize evidence of a crime without a warrant when the evidence is clearly visible. This doctrine acts as an exception to the Fourth Amendment’s right to be free from searches without a warrant.
Plain View. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The "plain view" doctrine applies when the following requisites concur: (a) the law enforcement officer in search of the evidence has a prior justification for an intrusion or is in a position from which he can view a particular area; (b) the discovery of evidence in plain view is inadvertent; (c) it is immediately apparent to the officer that ...
The “plain view” exception to the Fourth Amendment warrant requirement permits a law enforcement officer to seize what clearly is incriminating evidence or contraband when it is discovered in a place where the officer has a right to be.
Amdt4.6.4.4 Plain View Doctrine Fourth Amendment : The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched ...
The doctrine dictates that three conditions must be met for seizing without warrant evidence in plain view: prior valid entry, inadvertence, and probable cause.
