Plain View Doctrine

Discussion topics support this unit’s objective and should be completed after reading all materials. Your responses ought to include original evaluation, synthesis, or analysis of the topic, and contribute to the weekly discussion in a meaningful way. You must complete all discussion topics and reply to your peers’ posts. Refer to the Discussion Board Rubric under Course Resources for additional requirements.

Discussion Topic: Plain View Doctrine

Describe the plain view doctrine. Should the court ever have created the plain view doctrine? Is this this doctrine difficult for police officers to keep in mind in their daily work?

Response to this classmate:

Classmate karen

The plain view doctrine is a rule used by law enforcement which allows them to confiscate any evidence such as weapons if from plain sight without a warrant. Cornell Law School explains that if an officer stops a car and catches eye of a weapon, he will enter the vehicle to seize the evidence. Will the Fourth Amendment be violated in this case? I think not.

I think the courts did the right thing to have created the plain view doctrine. The goal is to protect and serve the people and if officers cannot seize any items from plain sight that is considered contraband.

It may be difficult for some police officers to keep the doctrine in mind if they feel they saw something but, this doctrine is plain and simple to follow.

Cornell Law School (n/a). Plain view doctrine. Retrieved from https://www.law.cornell.edu/wex/plain_view_doctrine

classmate 2 response Dorren

The plain view doctrine is a legal tern that describes objects that officers can seized without a search warrant. The objects seized must be in plain view of the officer that the officer believes is somehow associates with criminal activity. Yes he courts should have created the plain view doctrine because if the police officers a there with the paramedics they may notice contraband laying around while minors at in the household. The contraband is confiscated and the same thing will happen if weapons are in plain view of the officers, this will ensure the safety of the officers and children in the household. Yes, it will be difficult for police officers to keep the plain view doctrine in their daily work. If the officer see illegal objects in plain view the officer may be eager to search for more and by doing so, the search will become illegal and any illegal items confiscated may not be used in court.

References: Criminal Justice Today 14th Edition (Schmalleger, Frank)

please response to both Karen and DoRREN Post

 

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