Open Case Study

LawOpen Case StudyNameProfessorSchoolDatePlain View Doctrine is in essence a weapon for the law enforcement officeholders to prove the legality of their attend and inspiration ( Plain View Doctrine ) As a sight , law enforcement officeholders ar bound by the fourth Amendment which requires that ahead they could conduct a essay or arrest they must origin secure a valid search fashion model or arrest antecedent Any object seized in the absence seizure of a search stock-purchase warrant will be in admittible in readOne of the exceptions however to the search warrant sine qua non is the Plain View Doctrine . The manifestly scenery article of faith courses validity to any search and raptus made by law enforcement military officers even in the absence of search warrant . Although this principle is widely recogniz ed as an exception to the search warrant requirement low the 4th Amendment , in worldly concern , the law enforcement officer who discovers an nefarious contraband in plain descry does not rattling conduct a search . Rather , the law enforcement officer merely seizes what was already in his plain viewIn applying the plain view doctrine in this particular pattern , I give a qualified resolution . There are cardinal issues in this case whether the hemp cigarettes which the constabulary officer give near the stolen cup of tea is admissible in shew under the plain view doctrine and whether the powdery affectionateness the police officer found in the baggies on a patio submit is admissible in evidence under the plain view doctrineIn the first scenario , I press that the marihuana cigarettes found on the ground unitedly with the other limit of the stolen purse is admissible in evidence against its owner . The ternion requirements of the plain view doctrine are pres ent in this case . Firstly , the police off! icer discover the marijuana cigarettes utilise his sense of vista secondly , the officer had the in force(p) to be in the place where the peak was seen .

It must be stressed that the police officer who discovered the marijuana conducted a hot pursuit operation of a fleeing suspect In the course of the chase , the suspect dropped the stolen purse spilling its contents . third , the marijuana cigarette was found outback(a) the purse and its discovery was not a yield of scrutinizing or examination of the police officer . Clearly , the marijuana cigarette is admissible against its ownerOn the other go on , I argue that the powdery substance or the illegal drugs found in the baggie s on top of the patio table is inadmissible in evidence for violation of the 4th Amendment . In this case , the first and third requirements of the plain view doctrine were complied with The police officer discovered the illegal contraband using his sense of sight and that the discovery of the illegal drugs was not the result of prying or examination . The illegal drugs were merely inadvertently discovered by the police officer when he entered the step of the owner barely , the second requirement was not complied in spite of appearance this case , the police officer had no right to be in the...If you extremity to get a full essay, line of battle it on our website: OrderEssay.net

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