Coolidge v. New Hampshire in 1977 was the first ruling on the plain view doctrine. It has since been updated in 1987 in the ruling Arizona v. Hicks and again in 1990 with Horton v. California.
The plain view doctrine was first articulated by the United States Supreme Court in the 1967 case of Coolidge v. New Hampshire. The doctrine allows law enforcement officers to seize evidence without a warrant if it is in plain view and the officer has a lawful right of access to the object.
Horton v. California (1990).
There are three supreme court cases that brought about the plain touch doctrine being added along with plain sight. Terry v Ohio only allowed officers to frisk for weapons. Minnesota v. Dickerson is the case in which United States Supreme Court unanimously adopted the plain touch doctrine which allows officers to seize evidence recognized through the sense of touch during a lawful patdown without a warrant. and finally Coolidge v. New Hampshire which held plain touch seizures constitutional and free from the exclusionary rule when three conditions are met: 1. a lawful patdown has occurred under Terry v. Ohio 2. the character of the item as contraband or evidence of a crime is immediately apparent (plain touch), 3. the officer has a lawful right of access to the item. You can easily find all this information here: http://law.jrank.org Also, I realize Wikipedia isn't the most secure research tool, but come on man put a little effort into it next time. http://en.wikipedia.org/wiki/Frisking http://en.wikipedia.org/wiki/Plain_view_doctrine
Supreme Court case that dictated evidence be in plain veiw of an officer to be admisable unless probable cause to explore
Warrantless searches can be performed when consent is given or there are exigent circumstances. An exigent circumstance is if the police feel that someone's safety is at risk or criminal activity is ongoing. Two other conditions are the plain view doctrine and incidental searches.
yes
When Police can "see" an illegal item they may seize it without a court's permission. This is known as "Plain View Doctrine". EXAMPLE: On a motor vehicle stop for a minor traffic infraction, if the officer spots a gun that is not concealed and is in "Plain View" then it may seized, no warrant, no court permission needed. This is but ONE example.
Indians believe in karma doctrine , reincarnation and liberation.
AnswerYes . . . . . and no.THE Supreme Court of the United States is in Washington, DC, but in New York city, there are courts that deal in murder. These are called supreme courts. Odd to call them that, isn't it, 'cause they are more or less just plain old courts.AnswerNo. The State of New York refers to its trial courts as the "supreme court," a holdover from early in the state's history. The highest court in the state is the New York Court of Appeals, located in Albany.The US Supreme Court met for the first time at the Royal Exchange Building in New York City, on February 2, 1790, but moved to Philadelphia in 1791, then to Washington, DC, in 1800.For more information, see Related Questions, below.
If they move the object for a legitimate reason, or knock it over by accident, this would be considered Plain View. But, in general, purposefully moving objects in order to find something illegal is considered a "Search", and it would not be considered "Plain View", thus the evidence would be thrown out of court. The short answer to your question would be 'no'.
The entire question is just plain ridiculous.
It depends on the state (assuming this is in America). Many states allow personal consumption of marijuana and most of those allow cultivation of a limited number of own consumption plants. In those states the plant would not be seized.