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The plain view doctrine was first articulated in the Supreme Court case of Coolidge v. New Hampshire. [4] The original formulation included three factors. First, the officer must be lawfully present when viewing the evidence or contraband.
probable cause relating to the plain view doctrine under the Fourth Amendment: United States v. Dunn: 480 U.S. 294 (1987) open fields doctrine: Immigration and Naturalization Service v. Cardoza-Fonseca: 480 U.S. 421 (1987) Asylum applicants must show "well-founded fear" of persecution to establish their eligibility Keystone Bituminous Coal Ass ...
Coolidge v. New Hampshire, 403 U.S. 443 (1971), was a United States Supreme Court case dealing with the Fourth Amendment and the automobile exception.. The state sought to justify the search of a car owned by Edward Coolidge, suspected of killing 14-year-old Pamela Mason in January 1964, on three theories: automobile exception, search incident to arrest and plain view.
Horton v. California, 496 U.S. 128 (1990), was a United States Supreme Court case in which the Court held that the Fourth Amendment does not prohibit the warrantless seizure of evidence which is in plain view. The discovery of the evidence does not have to be inadvertent, although that is a characteristic of most legitimate plain-view seizures.
The state was attempting to justify the search under the plain view exception to the warrant requirement. In such cases, the search is by definition unrelated to the initial purpose the police are in the position to view the purported contraband or evidence of criminal activity.
Minnesota v. Dickerson, 508 U.S. 366 (1993), was a decision by the Supreme Court of the United States.The Court unanimously held that, when a police officer who is conducting a lawful patdown search for weapons feels something that plainly is contraband, the object may be seized even though it is not a weapon.
Maryland v. Buie, 494 U.S. 325 (1990), was a decision by the Supreme Court of the United States handed down in 1990. In the case, the Court held that the Fourth Amendment permits a properly limited protective sweep in conjunction with an in-home arrest when the searching officer possesses a reasonable belief based on specific and articulable facts that the area to be swept harbors an ...
Kyllo v. United States, 533 U.S. 27 (2001), was a decision by the Supreme Court of the United States in which the court ruled that the use of thermal imaging devices to monitor heat radiation in or around a person's home, even if conducted from a public vantage point, is unconstitutional without a search warrant. [1]