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 warmth ( Plain View Doctrine ) As a attain , law enforcement officeholders ar bound by the quaternary Amendment which requires that sooner they could conduct a essay or arrest they must origin secure a valid search manikin or arrest antecedent Any object seized in the absence seizure of a search guaranty will be in admittible in readOne of the exceptions however to the search warrant sine qua non is the Plain View Doctrine . The manifestly work out article of faith lapses validity to any search and exaltation made by law enforcement officers even in the absence of search warrant . Although this teaching is widely recognized as an exception to the search warrant requirement infra the 4th Amendment , in worldly concern , the law enforcement officer who discovers an contraband contraband in plain cod does not truly 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 ii issues in this case whether the hemp cigarettes which the constabulary officer install near the stolen cup of tea is admissible in bear witness under the plain view doctrine and whether the powdery center field the police officer found in the baggies on a patio get across is admissible in evidence under the plain view doctrineIn the first scenario , I press that the marijuana cigarettes found on the ground unitedly with the other table of contents of the stolen purse is admissible in evidence against its owner . The tether requirements of the plain view doctrine are present in this case . Firstly , the police officer discov! er the marijuana cigarettes victimisation 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 result of scrutinizing or examination of the police officer . Clearly , the marijuana cigarette is admissible against its ownerOn the other elapse , I argue that the powdery substance or the guilty drugs found in the baggies 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 unwittingly discovered by the police officer when he entered the railyard of the owner barely , the second requirement was not complied at bottom this case , the police officer had no right to be in the...If you extremity to get a full essay, companionship it on our website: OrderEssay.net

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