The Plain View Doctrine

750 Words3 Pages
Since the amendments were established, they were used to help citizens with their individual rights. The fourth amendment is one of the most violated amendments throughout history of public officials. The Fourth Amendment clearly sates, that people have the right to be secure in their person, houses, paper, and against unreasonable search and seizures. Even if a person is guilty, if their fourth amendment is violated, the evidence that is obtained will not be used in court. After such incidences involving the fourth amendment, the plain view doctrine was put in place so that an officer is able to seize without a warrant and obtain evidence from a suspect. An example of a plain view doctrine would be, if during a stop, an officer sees drugs…show more content…
New Hampshire. The case involved the murder of a 14 year old girl and also the use of an invalid use of an warrant to search Edward Coolidge’s automobile. With the warrant being invalid, the the court established that a plain view doctrine must have three requirements. In order for a plain view doctrine to be used, a officer must be physically present to see the evidence, the officer must also have the lawful right to access an object and lastly the object must be immediately apparent. If an is officer does not have a warrant for an authorized search and seizure, they may have probable cause to believe that the evidence they found is relevant to a particular case that is in plain view is relevant. A police officer may not move contraband in order to get a better view of the evidence. The plain view doctrine was also expanded to plain smell, feel and hearing. For an officer, the plain view doctrine will help them keep criminals off of the street and create less legal troubles for their respected…show more content…
The plain view doctrine covers many things when dealing with the suspects. Suspects try their hardest to get over on the law. Since the plain view doctrine has been put in place, officers do not have to go overboard while interviewing a suspect. They can either hear, smell, or see what activity is going on. That also helps them with further investigating on the matter at hand. The first thing an officer should worry about is safety of theirselves. That is one reason why the plain view doctrine can be beneficial to the officers. It also can be beneficial for their workload. There is a lot that goes on while trying to get documents signed to do searches. Thats why if something is in plain view, smell, or sound, it can really help the officers cut down on their workload. Many officers face burnouts, and will eventually not take their job serious which will not help the department in the long
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