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The plain view doctrine was established by the U.S. Supreme Court in the 1968 case "Harris v. United States." It allows law enforcement officers to seize evidence of a crime without a warrant if it is clearly visible to them while they are lawfully present in a location. The doctrine has since been reinforced and clarified in subsequent cases, including "Coolidge v. New Hampshire" in 1971.
What else can I help you with?
Did Harris v US set out the plain view doctrine?
yes
What is the Andropov Doctrine?
Answer with the question: Is it the Brezhnev Doctrine just made over? Or no Doctrine?
The monroe doctrine declared that the US would?
view european interference in the Americas as a threat to the national interest of the United States.
What did the doctrine of nullification argue?
This doctrine taught that any state could nullify a law of the United States that was contrary to the Constitution as they understood it.
If the police can enter the home can they also arrest the homeowner for the drugs that are in plain view?
If the police are in the home legally, and the drugs are in plain view, then yes, the police may seize the drugs and arrest the homeowner for possession of the drugs. However, in my opinion, the officer would be better off obtaining a search warrant, although it is not required.
Who first stated the plain view doctrine?
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.
Did Harris v US set out the plain view doctrine?
yes
Which supreme court case established the plain view doctrine?
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 still applies if officers move objects so they can see evidence otherwise hidden from view?
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'.
An officer visits home of citizen who filed a complaint. Citizen offers coffee. While in the kitchen the officer sees marijuana plant on windowsill. Officer may legally seize plant under what doctrine?
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.
Which supreme court case determined that inadvertence is no longer necessary condition to ensure the legitimacy of seizure under the plain-view doctrine?
Horton v. California (1990).
When was Hidden in Plain View created?
Hidden in Plain View was created in 2000.
When did Hidden in Plain View end?
Hidden in Plain View ended in 2007.
Which is true of plain view of search and seizure?
The plain view doctrine allows law enforcement officers to seize evidence of a crime without a warrant if they are lawfully present at a location and observe the evidence in plain sight. This means that if an officer is conducting a legal search or is in a public space and sees something illegal, they can confiscate it without further permission. However, the discovery of the evidence must be inadvertent; officers cannot intentionally search for evidence without a warrant. This doctrine is rooted in the Fourth Amendment, which protects against unreasonable searches and seizures.
When was Hidden in Plain View - EP - created?
Hidden in Plain View - EP - was created on 2003-11-11.
When can someone be searched and seized according to the fourth amendment?
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.
What requirements in a warrant are overriden by items in plain view?
Items in plain view can be seized without obtaining a search warrant.
