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The officer must be lawfully present where he or she sees the item. For example, an officer may not enter a suspect's home without a warrant and rely on the plain view doctrine. However, if an officer is inside a suspect's home under an unrelated warrant, he or she may rely on the plain view doctrine, subject to the doctrine's other ...
According to the plain view doctrine as defined in Coolidge v. New Hampshire (1971), [ 119 ] if an officer is lawfully present, he may seize objects that are in "plain view." However, the officer must have had probable cause to believe the objects are contraband, [ 120 ] and the criminality of the object in plain view must be obvious by its ...
The first part of the test is related to the notion "in plain view". If a person did not undertake reasonable efforts to conceal something from a casual observer (as opposed to a snoop), then no subjective expectation of privacy is assumed.
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.
Emergency aid doctrine is an exception to the Fourth Amendment, allowing warrantless entry to premises if exigent circumstances make it necessary. [8] A number of exceptions are classified under the general heading of criminal enforcement: where evidence of a suspected crime is in danger of being lost; where the police officers are in hot pursuit; where there is a probability that a suspect ...
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.
The films and their content were not in "plain view". The record showed that the officers had to play the films on a projector to determine that they violated the Georgia obscenity statute. So the films are not admissible as evidence under the plain view doctrine, which requires that the character of the object is "immediately apparent". [14]