The "open view" and "plain view" are legal principles that pertain to the admissibility of evidence in criminal cases. Both principles allow law enforcement officers to seize and use evidence that they discover while in a public place or while conducting a legitimate search. However, there are some important differences between the two principles.
The "plain view" doctrine allows law enforcement officers to seize and use evidence that is in plain view, as long as the officers are in a place where they are lawfully present and the evidence is immediately apparent. For example, if an officer is conducting a traffic stop and sees drugs in plain view on the passenger seat of the car, they can seize the drugs as evidence. The plain view doctrine applies even if the officer was not searching for the evidence and did not have a warrant.
The "open view" doctrine is similar to the plain view doctrine, but it applies to evidence that is visible from a public place, rather than from a place where the officer is lawfully present. For example, if an officer is walking down the street and sees drugs through the window of a house, they can seize the drugs as evidence under the open view doctrine. The open view doctrine does not require the officer to be lawfully present in the place where the evidence is discovered.
There are some important limitations to both the plain view and open view doctrines. For example, the officer must have probable cause to believe that the evidence is related to a crime. Additionally, the evidence must be seized in a way that is consistent with the Fourth Amendment, which protects against unreasonable searches and seizures.
In conclusion, the plain view and open view doctrines are legal principles that allow law enforcement officers to seize and use evidence that they discover while in a public place or while conducting a legitimate search. While both principles allow officers to seize evidence without a warrant, there are some important differences between the two, including the location of the officer and the visibility of the evidence. Both principles are subject to limitations, including the requirement of probable cause and the need to comply with the Fourth Amendment.
What are Plain View and Open Fields
An open field is not an area protected under the Fourth Amendment, and there is no expectation of a right of privacy for an open field. Plain View Introduction Plain view rises to constitutional significance as a justification for warrantless seizures, not searches. Brown , 460 U. See also United States v. The term 'plain view' means out in the open, or otherwise easily observable. The officers had a warrant to search the home for the stolen property from the robbery which they could not find. Garcia, See Commonwealth v.
Plain View Doctrine
California 1990 A police officer suspected Terry Horton of armed robbery. In order to invoke the plain view doctrine, law enforcement officers must show that they had a legitimate reason for being in a position to see the evidence and that they had a reasonable belief that the evidence was connected to a criminal offense. He may also search a vehicle if he has a legitimate reason to believe that the vehicle contains contraband. The officer entered on the driver's side, searched the car, and tied a property tag on the steering wheel. At this moment, the windows of the car were open and the door unlocked. The Supreme Court ruled that the plain view exception to the warrant requirement applied even when the officers come across the evidence inadvertently. However, the officers did find the weapons in plain view and arrested the defendant.
Open Field Doctrine Law and Legal Definition
Plain View Doctrine in a College Dorm An example of a plain view doctrine in a case that reached the Supreme Court concerned a college student at Washington State University. Ponce , 8 F. Daugherty responded by saying that under the circumstances, he would have to accompany Overdahl. For example, if an officer observes contraband sitting on the stoop of a porch, objects concealed in a kitchen cabinet are likely not in the officer's 'plain view'. DiMatteo, See Commonwealth v. Under the plain view doctrine, a law enforcement officer can seize evidence of a crime otherwise known as 'contraband' without a warrant, if the officer observes the contraband in plain view.
Harris v. United States :: 390 U.S. 234 (1968) :: Justia US Supreme Court Center
United States , 333 U. What is the Plain View Doctrine? In the open view situation, however, the observation takes place from a non-intrusive vantage point. Execution of a Warrant Police executing a valid search or arrest warrant may seize evidence encountered in plain view. Touch as well as sight may reveal the identity of an object lawfully in an officer's grasp. Lesson Summary The plain view doctrine is an exception to the warrant requirement of the Fourth Amendment. Computer searches are no exception to the doctrine. Ciaramitaro, United States v.
Case Law 4 Cops
The car was traced, and petitioner was arrested as he was entering it near his home. The police decided to impound the car as evidence, and a crane was called to tow it to the precinct. Ling, Terry "frisk" may be seized. . Overmeyer, supra, at 17-18 n. Contraband or other property that has been seized illegally may be suppressed at trial.
