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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.
The plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts. [1] The other two are the "mischief rule" and the "golden rule". The plain meaning rule dictates that statutes are to be interpreted using the ordinary meaning of the language of the statute.
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.
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 ...
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.
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 ...
A month into Donald Trump’s first term, the president’s then-political sage Steve Bannon coined a doctrine to explain the conservative wrecking ball now demolishing the US government: “the ...
This means that the plain meaning rule (and statutory interpretation as a whole) should only be applied when there is an ambiguity. Because the meaning of words can change over time, scholars and judges typically will recommend using a dictionary to define a term that was published or written around the time the statute was enacted.