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If contraband items are left in plain sight can they be seized why?
Wiki User
∙ 6y ago
Generally, yes, the contraband can be seized.
Assuming the Law Enforcement Officer discovered the contraband through legal means, the officer's discovery constitutes probable cause to seize.
However, if
-the officer has illegally entered the property
-the officer did not have probable cause that the contraband was illegal/dangerous
or
-the officer moved items to find the property
the seized item would be inadmissible, and Fruits of the Poisonous Tree would apply.
Wiki User
∙ 6y ago
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The plain touch doctrine allows seizure of evidence from a suspect without a warrant but?
The evidence must be lying in the open, the officer must be there legally and as the result of a prior valid intrusion, officer must ACTUALLY observe the item being seized, must have probable cause to believe the item is subjet to seizure, there must not be any unreasonable intrusion on any one's reasonable expectation of privacy, discovery of item need not be inadvertent. ADDED: I have no quibble with the above answer -except- that it describes the plain SIGHT rule. I am not familiar with the "plain TOUCH" doctrine. If the questioner is asking about contraband discovered by a "pat-down" frisk during an 'investigative stop' (when the officer's pat down discloses contraband not initially involved in his reason for the stop) then the answer becomes entirely different. The contraband discovered in this manner CAN be seized and used as a basis for a charge against the defendant. It limits the purpose of the search that discovers evidence to looking for weapons.
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