4.6: Plain View Searches Flashcards
1
Q
Is plain view a search or seizure doctrine?
A
A seizure doctrine
2
Q
Plain view doctrine
A
The officer was lawfully in place where the evidence was viewed; the incriminating item was reasonably or immediately apparent; and the officer has a lawful right to access the item
3
Q
Rationale for plain view doctrine
A
No privacy interest
4
Q
Showing for plain view doctrine
A
Police lawfully at place, incriminating character reasonably apparent, and lawful access
5
Q
Scope for plain view doctrine
A
In plain view
6
Q
Can there be a “plain view search?”
A
No, because there is no privacy interest at issue that is implicated by the plain view doctrine
