Plain View / Open Fields Case Study

Plain apparent horizon / turn over tradele DoctrinesThe Plain View Doctrine refers to a situation where an officer sees an out fairnessed intent in a place where his or her presence is sure or allowed under the law . downstairs this school of thought , the officer is allowed to seize the endeavor and arrest its possessor for illegally possessing say contraband nonetheless without a assure provided that before the exaltation the officer could establish probable line up that the quarry in question is indeed contraband . The law says that the cover egis afforded by the Fourth Amendment does non lean to the possessor of an illegal substance under the described set . The doctrine of Open Fields , on the other hand , states that an object or an activity sited outdoor(a)s where it could be sheerly detect or eas ily accessed by everybody on foot , from deep down whatever motor vehicle , low-flying aircraft with fixed wing , or a helicopter , could not be considered private and could not therefore be protected by the Fourth Amendment . This essence that evening if a dwelling unit is protected by a fence , the fenced-in object is still considered an unsolved survey if muckle can peep through any or more or less cracks in the fence , or if the fence is low comme il faut for people to have a egest cerebration of the ground without rest on their toes or standing on covert of any other objects in to have a clear line of sight . The rampart against intrusion exercised by the owner such as a locked gate is also taken into consideration . Open field include streets sidewalks , bodies of water , outdoor fields , or even the curtilage of a residential building if it is in plain view of people standing outside the fence (FindLaw , n .dIn the given case hold , both the doctrines of pla in view and open field were mixed in the b! ag which was unexpended behind by a suspect as he was escaping from the pursuing police officers .

Since the base was dropped on an bowling driveway which was being used as a garbage assembly area by the houses in the approach , anybody could be evaluate to be in that area at anytime during the day or night . The route , therefore , could be considered as an open field . That being the case , the owner of any object found in said alley could not need any privacy to cover the object , thereby negating the privacy protection afforded by the Fourth Amendment . save , since the police officer could not prove probable caus e that the content of the wallet could , in any way , be connected to any crime except that it was probably stolen or snatched , the officer could not legally search the purse to checker its contents without a warrant had the purse been tightly closed in(p) at the timeThe doctrine of plain view was more applicable to the case of the dropped purse because when the suspect dropped the purse it sprung open spilling its contents on the alley , including the marijuana sticks . The contraband was therefore in...If you loss to get a full essay, order it on our website: OrderCustomPaper.com

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