Drug Trafficking

What is meant by a plain view search seizure, and what are the requirements for

conducting such a seizure by law enforcement officer?

The Fourth Amendment of the United States Constitution protects citizens from

unreasonable searches and seizures by law enforcement officers. A search and seizure is

considered unreasonable if it is conducted by police without a valid search warrant, and

does not fall under an exception to the warrant requirement however,

the plain view doctrine is a concept in criminal law that allows a law enforcement officer

to make a search and seizure without obtaining a search warrant if evidence of criminal

activity or the product of a crime can be seen without entry or search. An example of this

would be if you were to show up at a disturbing the peace call where there are young

adults partying. As you approach the residence you notice what seems to be narcotics on

a table. As you get closer you identify the narcotics as cocaine or marijuana. Another

example would be if you conduct a traffic stop and observe a weapon on the passenger

seat of the vehicle. With the weapon in plain view it can be confiscated. In these

instances you can confiscate it and apprehend the subjects that are liable for it. In these

cases you do not need a search warrant because it is in plain view of the officer. The most

important factor is that the officer must have probable cause when conducting a plain

view seizure. Now the

search may also be challenged if the incriminating nature of the item seized was not

immediately apparent example would be if the officer felt a hard item in your pocket but

knew that it was not a weapon and did not otherwise know of its incriminating nature. It

is also worth noting that for an object's "incriminating character" to be "immediately

apparent," an officer is not allowed to move the object in order to further inspect the item

or turning the item over record its serial number which shows that it is stolen. The...