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Fourth Amendment: Search and Seizure
Scenario
Sgt. Serna is on patrol and receives a loud music complaint at Michaels house. As Sgt. Serna approaches Michaels front door, he smells burnt cannabis, and through an open front window, sees three people snorting a white, powdery substance.
Instruction:
Considering this scenario, critically analyze if Sgt. Serna can take action to seize the contraband based on the three requirements for plain-view. Be sure to specifically analyze each of the three requirements of plain-view and relate it to the sergeants actions, illustrating whether the requirements have or have not been met.
As you are forming your thoughts about plain-view, you might want to consider these two real life examples:
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