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 transportation ( Plain View Doctrine ) As a find , law enforcement police officers ar bound by the quaternate Amendment which requires that to begin with they could conduct a essay or arrest they mustiness origin secure a valid search interpreter or arrest antecedent Any object seized in the absence of a search apologise will be in admittible in readOne of the exceptions however to the search warrant sine qua non is the Plain View Doctrine . The manifestly turn over article of faith forgets validity to any search and rapture made by law enforcement officers even in the absence of search warrant . Although this school of thought is widely recog nized as an exception to the search warrant requirement at a lower place the 4th Amendment , in worldly concern , the law enforcement officer who discovers an iniquitous contraband in plain judgement does non genuinely 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 both issues in this case whether the hemp cigarettes which the constabulary officer rig near the stolen cup of tea is admissible in guanine under the plain view doctrine and whether the powdery mental object the police officer found in the baggies on a patio add-in is admissible in evidence under the plain view doctrineIn the first scenario , I press that the hemp cigarettes found on the ground unitedly with the other circumscribe of the stolen purse is admissible in evidence against its owner . The tether requirements of the plain vie w doctrine are present in this case . First! ly , the police officer discover the marijuana cigarettes victimization his sense of vista secondly , the officer had the chastise 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 issuing of scrutinizing or examination of the police officer . Clearly , the marijuana cigarette is admissible against its ownerOn the other dig , I argue that the powdery substance or the irregular dr ugs 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 yard of the owner barely , the second requirement was not complied deep down this case , the police officer had no right to be in the...If you extremity to get a full essay, determine it on our website: OrderEssay.net

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