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.
yes
Answer with the question: Is it the Brezhnev Doctrine just made over? Or no Doctrine?
view european interference in the Americas as a threat to the national interest of the United States.
This doctrine taught that any state could nullify a law of the United States that was contrary to the Constitution as they understood it.
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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.
yes
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.
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'.
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.
Horton v. California (1990).
Hidden in Plain View was created in 2000.
Hidden in Plain View ended in 2007.
Hidden in Plain View - EP - was created on 2003-11-11.
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.
Items in plain view can be seized without obtaining a search warrant.
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