Plain View and Touch

Question 1

What is the Plain and View Doctrine?

Answer 1

Allows Officers to seize any evidence of a crime, instrumentalities of fruits of a crime, or contraband found in plain view while properly executing a warrant, even if the items are not specified in the warrant

Question 2

What are the Plain View Doctrine Elements? (3)

Answer 2

1. Lawful Vantage Points: Officer needs to be lawfully where is he allowed to be
2. Right of Access to Item:
   Discover evidence of crime or contraband and that evidence is in Plain View AND
3. Incriminating nature of item is “immediately apparent”: have probable cause to believe that item is evidence of crime

Question 3

What if there is a minor manipulation by officer?

Answer 3

Manipulation of item, even if small, is considered a search requiring probable cause that items are evidence of a crime or contraband