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Do you need probable cause for a plane view seizure?
No. The fact that it is plain view is the probable cause.
What requirements in a warrant are overriden by items in plain view?
Items in plain view can be seized without obtaining a search warrant.
What are search and seizure exceptions of a warrant?
Search and seizure exceptions to the warrant requirement include several key circumstances where law enforcement can act without a warrant. These exceptions include exigent circumstances, where there is an immediate need to prevent harm or destruction of evidence; consent, where an individual voluntarily agrees to a search; the plain view doctrine, which allows officers to seize evidence in plain sight during a lawful presence; and searches incident to a lawful arrest, where officers can search an arrested person and their immediate surroundings. Additionally, certain situations involving vehicles and administrative searches also permit warrantless actions under specific conditions.
Can a search and seizure be reasonable if it is not authorized by a warrant?
Yes, a search and seizure can be considered reasonable without a warrant under certain exceptions, such as exigent circumstances, consent, or when evidence is in plain view. The Fourth Amendment allows for these exceptions when immediate action is necessary to prevent the destruction of evidence, ensure officer safety, or protect the public. However, the justification for such actions must be clearly established and often scrutinized by courts to ensure they adhere to constitutional protections.
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).
Can police seize evidence in sight without a search warrant?
Yes. It is usually referred to as 'plain view.'
What searches of homes without a warrant would be upheld?
Plain view, exigent circumstances, search with consent.
What two reasons why police may be able to search someone without a warrant?
A "stop and frisk search," where police search you for their protection or incidental to an arrest; or when contraband is in plain view of the officer.
What do you do if the police obtain hidden contraband through an illegal search and later claim the items were found in plain view?
Get an attorney.
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.
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'.
