Reference no: EM133876502
Assignment:
The following summarizes the Plain View Doctrine requirements:
Plain View Doctrine Defined: It is not an unreasonable search for officers who are legally on the premises to observe items left where they can be seen. Probable cause is needed to seize the objects observed in plain view.
Legally on Premises
- Officer must be legally at the location where the observation is made
- Applies when serving a warrant, making an arrest, or during any other legal police activity
- Applies to observations made from aircraft
- Do not need to be on routine patrol or near a frequently used flight path
- Legally on premises interpreted to mean the pilot was following FAA rules
The Observation
- Officer may bend, stretch, or use a flashlight to see object better
- May not pick up object or move it in order to determine if object is stolen, run serial numbers, or conduct field testing, etc.
- Observation does not need to be inadvertent - officers may have suspected item was at location as long as they had legal reason for being there when observation was made.
Probable Cause to Seize
- The officer may seize the object if he/she has observes sufficient facts to establish probable cause the item is evidence of a crime or contraband
- Information about the item can be retained for future use even if the officer lacks probable cause it seize it
Plain View Case Studies-Directions
Answer the questions that follow each case study.
Case No. 1
Officers responded to a radio call of a loud party at 1234 Main Street. Officers arrived and knocked on the door but no one answered the door. There was a window at the front of the house just a few feet from the front door. The officers looked inside the window hoping to get someone's attention to come to the door so the officers could ask the music be turned down.
The window was closed but the drapes were pulled open and the officers could clearly see the entire living room. The officers, both of them trained in the recognition of narcotics, observed several clear plastic baggies containing a white powdery substance, along with money and a small digital scale. Based on the officers training and experience, they officers believed the substance to be methamphetamine, a misdemeanor violation of the health and safety code. They further believed the drugs were packaged to be sold and possessed with the intent to sell drugs, a felony.
Prompt
1. Does the Plain View Doctrine apply in this case, why or why not?
2. Most importantly based only on the facts before you, can the officers enter the home to seize the drugs without a warrant, why or why not?
3. Number or title your responses.
Case No. 2
Officers responded to a call of a family dispute. Upon arrival, the officers where invited in to help calm down a family argument stemming from the kids refusing to stop texting at the dinner table.
One of the officers saw six unopened 65" OLED television sets, which the officer knew were very expensive and the family didn't seem to have the money to afford even one expensive TV. The officer observed the TVs in the same room they were invited.
The officer remembered that a BestBuy truck was recently hijacked and electronics were stolen. The officer could easily see the serial numbers of two of the television sets, so she wrote down the serial numbers and excused herself from the house. She put the serial numbers into the Stolen Property Information System (SPIS). The officer received an alert that the televisions sets were reported stolen. Each television set was valued at over $3,000.00. Possessing stolen property valued over $950.00 is a felony in violation of PC 496 Receiving Stolen Property.
Prompt
1. Does the Plain View Doctrine apply in this case, why or why not?
2. If the officers seize the the stolen televisions sets, based on what you know now, do you think the court would allow evidence of the stolen televisions sets into evidence?
3. Number or title your responses.