12. Plain View Flashcards
Is Plain view a search?
No, Plain view is not a search because officers already have a lawful reason to be present and see the evidence.
What is the three prong test for for seizing items in Plain view?
LIA
L-Lawful presence
I-Inadvertence
A-Apparent evidence (ah-ha moment)
What is at the heart of Plain view?
Lawful presence
What are some valid reasons to be in private areas to seize evidence in Plain view?
Traffic stops
Vehicle inventory
Arrest
Booking inventory
Exigent circumstances
What level of information is needed for a frisk?
Reasonable suspicion
What level of information is needed for consent?
Reasonable suspicion
What level of information is needed for search incident to arrest?
Probable cause
What level of information is needed for community caretaker?
Reasonable suspicion
What level of information is needed to perform a motor vehicle exception?
Probable cause
What level of information is needed for emergency aid?
Reasonable suspicion
What level of information is needed for an arrest or search?
Probable cause
What does inadvertence mean?
The inadvertence rule forces officers with probable cause to obtain a warrant.
HOWEVER this rule does not apply to contraband, stolen goods, or dangerous objects (also known as apparent evidence).
When is inadvertence a potential issue in police investigations?
It is only an issue if police failed to mention a particular object in there warrant application, even though they had probable cause for it .
What is apparent evidence?
It is the incriminating nature of an item that is immediately apparent to officers.
Officer should obviously seize contraband fruits, or instrumentalities when observed.
What level of information must officers have to believe items are related to Crime in order to seize them?
Probable cause
