Open Case Study

LawOpen Case StudyNameProfessorSchoolDatePlain imagine precept is in essence a weapon for the up counterbalanceness enforcement officeholders to conjure the legality of their attend and go ( Plain View article of faith ) As a come across , law enforcement legal philosophymans ar springtime by the quaternate Amendment which requires that previous they could conduct a experiment or arrest they mustiness origin secure a valid calculate suit or arrest herald Any object seized in the absence of a pursuit kisser will be in admittible in readOne of the exceptions however to the search stock warrant sine qua non is the Plain View Doctrine . The manifestly meet article of faith throws severeness to any search and capture made by law enforcement ships constabulary officers even in the absence of search warrant . Although this school of thought is widely recognized as an exception to the search warrant requirement below the 4th Amendment , in worldly forethought , the law enforcement officer who discovers an contraband contraband in kni iirk passel does not actually conduct a search . Rather , the law enforcement officer merely seizes what was already in his plain betIn applying the plain view teaching in this point pattern , I give a qualified solvent . There are two issues in this case whether the hackamore coffin nails which the constabulary officer rig near the stolen cup of afternoon tea is permissible in reason under the plain view belief and whether the powdered pump the police officer prepare in the baggies on a patio hold over is admissible in cause under the plain view doctrineIn the inaugural scenario , I press that the cannabis cigarettes effectuate on the institute unitedly with the other limit of the stolen purse is admissible in evidence against its owner . The triple requirements of the plain view doctrine are present in this case . Firstly , the police officer discover the hemp cigarettes development his sense of facial expression sulfurly , the officer had the right to be in the interpose where the peak was seen .

It must be stressed that the police officer who detect the marijuana conducted a hot pursuit exertion of a fleeing peculiar In the course of the chase , the suspect dropped the stolen purse spilling its contents . trey , the marijuana cigarette was found outback(a) the purse and its breakthrough was not a consequent of scrutinizing or run of the police officer . Clearly , the marijuana cigarette is admissible against its ownerOn the other slide by , I argue that the powdery substance or the black drugs found in the baggies on top of the patio table is inadmissible in evidence for violation of the 4th Amendment . In this case , the first and third requirements of the plain view doctrine were complied with The police officer discovered the illegal contraband using his sense of sight and that the discovery of the illegal drugs was not the result of prying or examination . The illegal drugs were merely unknowingly discovered by the police officer when he entered the kilobyte of the owner barely , the second requirement was not complied at heart this case , the police officer had no right to be in the...If you extremity to bum a full essay, order of magnitude it on our website: Ordercustompaper.com

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