Chapter 12- Plain View

Question 1

What is the first prong of the Three Prong Test for Plain View?

Answer 1

Lawful Presence

Officers must be lawfully present in the location where the evidence is seen.

Question 2

What is the second prong of the Three Prong Test for Plain View?

Answer 2

Inadvertance

Officers must come across the evidence inadvertently, not through a search.

Question 3

What is the third prong of the Three Prong Test for Plain View?

Answer 3

Apparent Evidence

The evidence must be immediately apparent as contraband or evidence of a crime.

Question 4

What does lawful presence mean in the context of vehicle inventory?

Answer 4

When lawfully inventorying a vehicle, officers are allowed to view contraband

This is permissible if the inventory is conducted according to police procedures.

Question 5

What is an example of lawful presence leading to a good seizure?

Answer 5

Wallet handed to officer during booking inventory with blood stained money

The officer was lawfully present and inadvertently discovered evidence.

Question 6

What is an example of a situation where exigency does not apply?

Answer 6

Officers viewing stereo equipment they suspected was stolen after entering an apartment where a bullet was fired

Moving the equipment to check serial numbers was not justified under exigent circumstances.

Question 7

Naked photos of a woman seen during a lawful search for items in a closet

Answer 7

Good plain view under Pc
## Footnote

The evidence was properly seized as part of a lawful search.

Question 8

What does the rule of inadvertence require from officers who have probable cause (PC)?

Answer 8

Officers must obtain a warrant

The rule of inadvertence is a legal principle that applies when officers already have probable cause.

Question 9

When does the rule of inadvertence NOT apply?

Answer 9

It NEVER APPLIES TO:
* Contraband
* Stolen goods
* Dangerous objects

This means that if the item falls into these categories, officers can seize them without a warrant.

Question 10

What was the outcome of the police seizing a stolen car in plain view despite having time to obtain a warrant?

Answer 10

The seizure was considered GOOD

This indicates that the plain view doctrine was properly applied.

Question 11

When does inadvertence become an issue in the context of obtaining a warrant?

Answer 11

Inadvertence is an issue when PC exists for an item and is not included in the SW application

This means that if officers know about an item but fail to mention it in their warrant request, inadvertence may be raised as a defense.

Question 12

What was the scenario involving the seizure of clothing related to a murder scene?

Answer 12

Clothing pointed out by the suspect’s brother was seized without inadvertence issues

This was considered GOOD because they could not have known about the clothing beforehand.

Question 13

What must be immediately apparent for evidence to be seized?

Answer 13

Incriminating nature

Incriminating nature must be immediately apparent to law enforcement officers during a search.

Question 14

What type of items should be seized when observed?

Answer 14

• Contraband
• Fruits of the crime
• Instrumentalities of the crime

These items should be seized by officers if they are in plain view.

Question 15

What is required for officers to seize items not immediately apparent?

Answer 15

Probable cause

Officers must have probable cause to believe the items are related to a crime.

Question 16

What did post-it notes at a murder scene indicate in terms of legal standards?

Answer 16

Sufficient knowledge for probable cause

The post-it notes bearing names were considered sufficient knowledge related to the investigation.

Question 17

What was the outcome in the case where a search warrant for drugs led to the discovery of counterfeit CDs?

Answer 17

Probable cause was established BEFORE calling an expert

Officers had probable cause for the counterfeit CD before calling for expert

Question 18

What happened when officers conducted a protective sweep for drugs but found equipment for cell phone fraud?

Answer 18

No good, no probable cause before expert

The equipment for cell phone fraud was not included in the warrant and lacked probable cause prior to expert consultation.

Question 19

True or False: Officers can take clothing not listed in a search warrant if they believe it could be useful.

Answer 19

False

In the case of a rape investigation, taking clothing not listed in the warrant was deemed unlawful.

Question 20

Fill in the blank: The incriminating nature of evidence must be _______.

Answer 20

immediately apparent

Question 21

In the context of searches, what is meant by ‘fruits of the crime’?

Answer 21

Items obtained as a result of criminal activity

These items can be seized if they are in plain view during a lawful search.

Question 22

What constitutes good probable cause (PC) for seizing evidence?

Answer 22

Specific clothing description of a robbery suspect and locating his car with evidence in plain view

Officers may rely on their expertise and experience in deciding if an item is probably evidence.

Question 23

Is it acceptable for officers to consider implausible answers from a suspect when establishing probable cause?

Answer 23

Yes

Officers may take into account implausible answers when forming their probable cause.

Question 24

What is an example of good probable cause based on law enforcement training and experience?

Answer 24

Tied balloon during a traffic stop to drug use

Officers can use their training and experience to identify potential evidence.

Question 25

What evidence was deemed good probable cause when found with implausible answers?

Answer 25

100 gift cards

The context of implausible answers can support the establishment of probable cause.

Question 26

What was the reason for the evidence of a small clear baggie being deemed not good probable cause?

Answer 26

Not immediately apparent and required close examination to identify powder

The lack of immediacy in recognizing the substance led to the conclusion that probable cause was insufficient.

Question 27

Do officers need a warrant to test items obtained in plain view?

Answer 27

No

Items in plain view can be tested without a warrant if probable cause is established.