The "plain view doctrine" applies to searches and seizures under the Fourth Amendment of the U.S. Constitution. In simple terms, the plain view doctrine allows an officer to seize evidence without a warrant if it is in plain view of the officer.
For the plain view doctrine to apply, the seizure must meet the following three requirements: (1) the officer must have been legally on the premises, (2) the object must have been in plain view, and (3) it must have been immediately apparent that the object was incriminating.
An officer has to be legally on the premises for the plain view doctrine to apply. If the evidence was viewed from a public space, the officer was legally allowed to be on the premises. This would apply when an officer views a gun inside an open window of a house from a public sidewalk or when an officer sees a bag of narcotics on the dashboard of a vehicle at a routine traffic stop.
If, on the other hand, the officer is inside a private residence or place of business, the officer is required to have probable cause or a warrant to be on the premises in the first place. Officers can also legally be inside a private residence or place of business when there is consent or when exigent circumstances require it.
The object must be in plain view. An officer is not allowed to move objects to get a better view of an object. For example, a police officer is not allowed to move the curtains in an open window of a residence to get a better view of the home. Officers are also prohibited from moving an object to get a better view of the serial number unless they have a warrant to do so.
Similarly, officers are not allowed to open closed containers unless there is a warrant to search for an object that is likely to fit in said container. For example, if an officer has a warrant to search a suspect's home for a stolen television, the officer is not allowed to open the suspect's purse.
The incriminating character of the evidence must be apparent immediately. Incriminating character of evidence usually involves objects that are likely to be stolen, items used to commit crimes, illegal items, or other evidence of criminal activity.
For example, if police are serving a search warrant for an unrelated crime and find a table with hundreds of different credit cards from different banks and under different names, it is likely that they are stolen and therefore the plain view doctrine applies.
Items used to commit crimes include all types of weapons as well as gadgets like prohibited credit card scanners. Illegal items often involve drugs. The illegal items might also relate to instrumentalities of crime under investigation. For example, if police are serving a search warrant for evidence of weapons used in a bank robbery and an officer sees a black ski mask on a chair like the one worn by the suspect at the scene, the mask may be taken into evidence.
Officers and prosecutors may try to take advantage of the plain view doctrine in order to admit otherwise inadmissible evidence. They may venture into areas where they are not legally authorized to be. They may enter a home or business without the proper consent. They may move items in order to bring an item into plain view. They may seize evidence that is not particularly indicative of criminal activity.
The 4th Amendment is among the greatest protections afforded citizens. If evidence has been seized from your home, business, car or other private property, it is important to consult with an experienced criminal law attorney to ensure that your Fourth Amendment rights are protected.
4th Amendment and the Plain View Doctrine
April 19, 2012, by Collins & Collins
