Principle of Plain View Essay Example
Principle of Plain View Essay Example

Principle of Plain View Essay Example

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  • Pages: 1 (269 words)
  • Published: April 27, 2017
  • Type: Essay
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Over the years, the concept of plain view has undergone changes as observed in Harris v.

The case of 390 U.S. 234 saw the United States Court rule that evidence obtained by opening a car door believed to be used in a crime was admissible, applying the plain view doctrine as a police officer saw an item in clear sight upon doing so without a warrant. This action does not violate the Fourth Amendment and is thus permissible under relaxed rules. The Coolidge v. case further confirmed this doctrine.

The importance of a warrant that is valid and issued by an unbiased magistrate was highlighted in the case of New Hampshire (403 U.S. 469).

As a result of being issued by the Attorney General, the search warrant was deemed invalid and any incidental evidence found in plain view is also invalid. The court establi

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shed guidelines for the plain view doctrine: the officer must have obtained the evidence unintentionally and have legal authorization to be in the searched area (403 U.S. 469).

The principle established in the Coolidge case (469) underwent a modification in the case of Horton v. California (496 U. S. 128).

Despite the lack of authorization for a weapon search in the warrant, a police officer proceeded to carry out one. This led to Horton's conviction after a weapon was found. The court declared this search acceptable under the Fourth Amendment, drawing on Coolidge's earlier decision that plain view searches do not have to occur by chance. Furthermore, the court emphasized that inadvertence is not a requirement for invoking the plain view doctrine.

The court determined that the evidence was admissible

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