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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.
What else can I help you with?
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.
What is the duration of In Plain Sight?
The duration of In Plain Sight is 2880.0 seconds.
When was Hidden in Plain Sight created?
Hidden in Plain Sight was created in 2010.
When was In Plain Sight created?
In Plain Sight was created on 2008-06-01.
When does season 4 of in plain sight start?
in plain sight returns in June 2011
What is the duration of Hide in Plain Sight?
The duration of Hide in Plain Sight is 1.53 hours.
When was Hide in Plain Sight created?
Hide in Plain Sight was created on 1980-04-21.
What is the meaning of in plain sight?
"In plain sight" is referring to something being in front of you without any type of obstructions blocking sight of it.
What is the ISBN of Hidden in Plain Sight?
The ISBN of Hidden in Plain Sight is 978-952-01-0438-2.
What are the ratings and certificates for Hiding in Plain Sight - 2012?
Hiding in Plain Sight - 2012 is rated/received certificates of: Singapore:PG
What actors and actresses appeared in In Plain Sight - 2012?
The cast of In Plain Sight - 2012 includes: Tyler Corsello as himself
What are the release dates for Fighting in Plain Sight - 2013?
Fighting in Plain Sight - 2013 was released on: USA: 5 April 2013 (internet)
