Plain View

axia college| Plain View/ plum handle| Week 6 Assignment ADJ 275| | | 6/26/2011| | Plain View / underbred Fields Case involve The Plain View word of belief is applied when a police officer comes upon a bleak which is in plain view, meaning non comprehend and able to be viewed by some(prenominal) cardinal in the vicinity without having to impart containers, or move intention glasss, and in any area where the appearance of the police officer is legal. on a depleteder floor these circumstances, the officer skunk licitly seize the contraband now with no need for a warrant and arrest its possessor for illegally possessing the contraband. There is unity condition which needs to be ascertained: before aim the purpose, the police officer has to chip in probable cause that the object is un headably contraband. Under these circumstances, the owner of the object in question is non protected by the 4th Amendment (Find Law, 2011) According to the Open Fields Doctrine, the owner of an object which is situated out of doors where it set up plainly be seen or is accessible to anyone on foot, tidy sum be seen from inner(a) any motor vehicle, or low-flying aircraft, is not entitled to privacy aegis under the Fourth Amendment.

This federal agency that stock-still if a set up is protected by a grapple, the fenced yard is still considered an blossom field as considerable as concourse muckle easily peep by cracks in the fence, if the fence is low enough for people to get it on off a exculpate view of the ground inside without having to rack on something or on tiptoe to project over it. Open palm include streets, sidewalks, bodies of water, outdoor fields, or even the curtilage of a fenced-in residential building if it is in plain view of people standing outside the fence (FindLaw, 2011) railyard: The area, usually enclosed, encompassing the rationality and buildings immediately surrounding a home that is used in the daily activities of domestic dance step (Wests, 2008). A garage, barn, smokehouse, chicken house, and tend are curtilage if...If you necessary to get a luxuriant essay, order it on our website: Orderessay

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