Question

List and discuss how the plain view doctrine would apply to the physical space of your bedroom. Identify what can and cannot be searched.

Answer 1

Answer:- Plain view doctrine is exception for warrant requirement to the fourth amendment. It allows police officer to seize evidence and illegal items found in plain view during his observation.

Requirement for plain view doctrine to be applied to the physical space of your bedroom.

(1) The contraband must be in plain view :- plain view means out in the open or objects which are easily observable. Police officer can seize objects which are visible to him under plain view doctrine. For example :- items which are lying on bed, table. Not the items inside the cabinet on the wall of the bedroom.

(2) police officer should have legal right to be in place when he sees illegal items :- police officer can't trespass or violate your right to privacy in order to search the evidence .

(3) incriminating nature of contraband should be clearly visible to police officer :- items which clearly indicates criminal activity comes under plain view doctrine. For example :- an empty soda bottle under which there is residue may seem innocent to unexperienced officer but experienced narcotics officer may see as it evidence. (Methamphetamine production)

Shelf , cabinets of desk, table cabinet ,inside the bed cannot be searched . Police officer cannot move the objects for better view or search in places that are unlawful. Only items which are easily visible of police officer can be searched.( Items lying on bed , table, desk)