Fourth Amendment -- Plain View Rule Flashcards
1
Q
What is the plain view doctrine?
A
If an O is RIGHTFULLY in the place where he is, THEN he may seize contraband that he PLAINLY SEEs (or feels / touches).
In order for something to be seized it must announce its criminality, i.e., GUNS AND DRUGSs.
Cannot require a further search, such as opening something.
Applies during SIAs.
O must have right to be there.
