Plain view Doctrine

Question 1

Plain View Doctrine

Answer 1

warrantless seizure of evidence of a crime in plain view is reasonable. Inadvertence is not required

Not presumptively unrsbl, evem if theres no exigency justifyin the immediate seizure and thus rendering a warrant impracticable or impossibel

Question 2

Showing for Plain View

Answer 2

1. officer must be lawfully in place where the evidence is viewed
2. Incriminating character of the item must be reasonably apparent
3. officer must have a lawful right of access to the item itself

Question 3

Hicks case

Answer 3

Incriminating nature of an item seized in plain view must be established by probable cause