Plain View

Question 1

What are the three elements of a valid plain view seizure of evidence

Answer 1

1) Lawful Presence

2)Inadvertence

3)Apparent evidence

Question 2

What is the heart of plain view ?

Answer 2

Lawful Presence
(The police must have a valid reason to be present in a private area)

Question 3

Plain view occurs when officers are lawfully in a private area which gives them the right to see and seize ________ that comes into plain view

Answer 3

evidence

Question 4

The evidentiary value of an item found in plain view must be ________ _______

Answer 4

Immediately apparent

Question 5

Contraband, fruits or instrumentalities of crime should obviously be ______ when observed

Answer 5

Seized

Question 6

The inadvertence requirement never applies when the items viewed are __________ or ________ ______ or ___________ _________

Answer 6

Contraband
Stolen goods
dangerous items

Question 7

At the time items are seen in plain view, officer must have probable cause to believe they are ______ related to criminal activity of which the officer are already aware

Answer 7

Plausibly

Question 8

True or false. Police properly seized post it notes affixed to items throughout a house because they were plausibly related to an investigation into the murder or the defendants husband and her own attempted suicide

Answer 8

True

Question 9

The ________ and __________ of officers may contribute to their awareness that the items seen in a plain view constitute a possible evidence

Answer 9

Expertise and Experience
( For example a narcotics officer properly seized a tied balloon in plain view during a traffic stop because he saw the driver try to hide the item, and he knew heroin was typically transported in this manner)