Read the article titled, “Still the American Frontier: Fourth (4th) Amendment Litigation” located at http://wispd.org/attachments/article/220/Still%20t…. Explain in your own words situations in which the plain view doctrine applies. List other exceptions to this doctrine not mentioned in the text? Please support your response.
Describe two (2) situations where you feel that strip, body cavity, or x-ray searches would be merited.
RESPOND TO THE FOLLOWING STATEMENT:
In order for the plain view doctrine to be applied, the officer must lawfully be there and the officer observes property in plain view that they recognize to be illegal evidence or contraband, they may lawfully seize it. The property observed by the officer may be seized prior to the search of seizure of a person. Another exception to the plain view doctrine would be abandoned property. In this case, the officer may observe illegal evidence or contraband related to a crime that they could recover without obtained a search warrant. Officers must also be able to clearly articulate what they observed in plain view without bringing the object closer to then to examine it further.
One final situation in which the plain view doctrine would apply would be exigent circumstances. This means, officers must be able to articulate why they entered a home, whether it be for emergencies, chasing a felon or whatever the reason may be. While inside the home for whatever reason deemed exigent, they may seize evidence or contraband in plain view.