NationMaster - Encyclopedia: Plain view doctrine

The plain view doctrine allows an officer to seize without a warrant, evidence and contraband found in plain view during a lawful observation. In order for the officer to seize the item, the officer must have probable cause to believe the item is evidence of a crime or is contraband. The police may not move objects to get a better view. In Arizona v. Hicks 480 U.S. 321 (1987), the officer was found to have acted unlawfully. While investigating a shooting, the officer moved, without probable cause, stereo equipment to record the serial numbers. The plain view doctrine has also been expanded to include the sub doctrines of plain feel, plain smell, and plain hearing.^[1] In Horton v. California 496 U.S. 128 (1990), the court eliminated the requirement that the discovery of evidence in plain view be inadvertent. Previously, "inadvertent discovery" was required leading to difficulties in defining "inadvertent discovery." A three-prong test is now used. The test requires the officer to be "engaged in lawful activity at the time," "the object’s incriminating character was immediately apparent and not concealed," and "the officer had lawful access to the object and it was discovered accidentally."^[2] Image File history File links Scale_of_justice. ... Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ... An arrest warrant is a warrant issued by a public officer which authorizes the arrest and detention of an individual. ... A search warrant is a written warrant issued by judge or magistrate which authorizes the police to conduct a search of a person or location for evidence of a criminal offense, and seize the evidence. ... In United States criminal law, probable cause refers to the standard by which a police officer may make an arrest, conduct a personal or property search or obtain a warrant. ... Knock-and-announce, in United States law of criminal procedure, is an ancient common-law principle which requires law enforcement officers to announce their presence and provide residents with an opportunity to open the door to the residence when conducting a search. ... An exigent circumstance, in the American law of criminal procedure, allows law enforcement to enter a structure without a warrant, or if a they have a knock and announce warrant, without knocking and waiting for refusal under certain circumstances. ... Search and seizure is a legal procedure used in many common law whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a persons property and confiscate any relevant evidence to the crime. ... The Chicago Police Department arrests a man An arrest is the action of the police, or person acting under the law, to take a person into custody so that they may be forthcoming to answer for the commission of a crime. ... The right to silence is a legal protection enjoyed by people undergoing police interrogation or trial in certain countries. ... The Miranda warning is a police warning that is given to criminal suspects in police custody in the United States before they are asked questions relating to the commission of crimes. ... Motto: (Out Of Many, One) (traditional) In God We Trust (1956 to date) Anthem: The Star-Spangled Banner Capital Washington D.C. Largest city New York City None at federal level (English de facto) Government Federal constitutional republic - President George Walker Bush (R) - Vice President Dick Cheney (R) Independence from... A grand jury is a type of jury, in the common law legal system, which determines if there is enough evidence for a trial. ... Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ... A statute of limitations is a statute in a common law legal system that sets forth the maximum period of time, after certain events, that legal proceedings based on those events may be initiated. ... This article or section does not adequately cite its references or sources. ... A bill of attainder (also known as an act or writ of attainder) is an act of legislature declaring a person or group of persons guilty of some crime, and punishing them, without benefit of a trial. ... An ex post facto law (from the Latin for from something done afterward) or retroactive law, is a law that retroactively changes the legal consequences of acts committed or the legal status of facts and relationships that existed prior to the enactment of the law. ... Criminal jurisdiction is a term used in the law of criminal procedure to describe the power of a court to hear a case brought by the state accusing a criminal defendant of a violation of the law of the geographic area in which the court is located. ... Extradition is the official process by which one nation or state requests and obtains from another nation or state the surrender of a suspected or convicted criminal. ... In common law countries, habeas corpus (/heÉªbiÉ™s kÉ”É¹pÉ™s/), Latin for you [should] have the body, is the name of a legal action or writ by means of which detainees can seek relief from unlawful imprisonment. ... The word bail as a legal term means: Security, usually a sum of money, exchanged for the release of an arrested person as a guarantee of that persons appearance for trial. ... An inquisitorial system is a legal system where the court or a part of the court is actively involved in determining the facts of the case, as opposed to an adversarial system where the role of the court is solely that of an impartial referee between parties. ... The adversarial system (or adversary system) of law is the system of law, generally adopted in common law countries, that relies on the skill of the different advocates representing their partys positions and not on some neutral party, usually the judge, trying to ascertain the truth of the case. ... Arraignment is a common law term for the formal reading of a criminal complaint, in the presence of the defendant, to inform him of the charges against him. ... In the common law legal system, an indictment (IPA: ) is a formal charge of having committed a most serious criminal offense. ... In legal terminology, a plea is simply an answer to a claim made by someone in a civil or criminal case under common law using the adversary system. ... In the common law legal system, the peremptory pleas (pleas in bar), are pleas that set out special reasons for which a trial cannot go ahead. ... In criminal trials in some common law jurisdictions, a plea of nolo contendere means that the defendant neither admits nor disputes the charge, and is an alternative to pleading guilty or not guilty. ... A plea bargain (also plea agreement, plea deal or copping a plea) is an agreement in a criminal case in which a prosecutor and a defendant arrange to settle the case against the defendant. ... A presentence investigation report (PSI) is a legal term referring to the investigation into the history of person convicted of a crime before sentencing to determine if there are extenuating circumstances which should ameliorate the sentence or a history of criminal behavior to increase the harshness of the sentence. ... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... The law of evidence governs the use of testimony (e. ... Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action, as opposed to a criminal action). ... A search warrant is a written warrant issued by judge or magistrate which authorizes the police to conduct a search of a person or location for evidence of a criminal offense, and seize the evidence. ... Evidence has several meanings as indicated below. ... Contraband consists of items of which possession may be illegal, depending on the variety and the country or the age or sex of the possessor. ... Seize is a British electronic band started by Sandrine Gouriou in 1994. ... In United States criminal law, probable cause refers to the standard by which a police officer may make an arrest, conduct a personal or property search or obtain a warrant. ... Holding Police require probable cause to seize items in plain view. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, New Zealand and Australia to uniquely identify the location of past court cases in special series of books called reporters. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, New Zealand and Australia to uniquely identify the location of past court cases in special series of books called reporters. ...

v • d • e

Legal doctrines

Attractive nuisance · Calculus of negligence · Caveat emptor · Caveat venditor · Contra proferentem · Duty of care · Eggshell skull · Fair use · First-sale doctrine · Good-faith exception · Living tree doctrine · Ignorantia juris non excusat · Implied powers · Implied terms of a contract · Odious debt · Plain view doctrine · Proximate cause · Res ipsa loquitur · Sovereign immunity · Stare decisis or Precedence rule · Standard of care · Unclean hands · Vicarious liability · Clean hands doctrine Contra preferendum Good-faith exception Living tree doctrine Plain view doctrine Implied terms of a contract Stare decisis or Precedence rule Ignorantia juris non excusat Sovereign Immunity Fair Use Odious Debt First Sale Doctrine Doctrine of implied powers Caveat Emptor Attractive nuisance doctrine Duty of care Standard... Under the attractive nuisance doctrine of the law of torts, a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by a hazardous object or condition on the land that is likely to attract children, who are unable to appreciate the... In the United States, the calculus of negligence or learned hand rule is a term coined by Judge Learned Hand and describes a process for determining whether a legal duty of care has been breached (see negligence). ... It has been suggested that caveat venditor be merged into this article or section. ... It has been suggested that caveat venditor be merged into this article or section. ... Contra preferendum or contra preferentem is the rule in contract law that is applied when interpreting a clause, especially an exclusion clause, in an action that says that, where ambiguity as to a terms meaning exists, it should be read against the party who wrote it. ... In law, a duty of care is the legal requirement that a person exercise a reasonable standard of care to prevent injury of others. ... The eggshell skull rule (or thin-skull rule) is a legal doctrine used in both tort law and criminal law that holds an individual liable for all consequences resulting from their activities leading to an injury to another person, even if the victim suffers unusual damages due to a pre... For fair use in trademark law, see Fair use (US trademark law). ... The first-sale doctrine is an exception to copyright codified in the US Copyright Act, section 109. ... In United States constitutional law, the good-faith exception (also good-faith exemption) is a legal doctrine providing an exemption to the exclusionary rule. ... The living tree doctrine is a doctrine of constitutional interpretation that says that a constitution is organic and must be read in a broad and liberal manner so as to adapt it to the changing times. ... It has been suggested that presumed knowledge of the law be merged into this article or section. ... The necessary and proper clause (also known as the elastic clause, the basket clause, the coefficient clause, and the sweeping clause [1]) refers to a provision, in Article One of the United States Constitution at section eight, clause 18, which addresses implied powers of Congress. ... A contract is a promise or an agreement that is enforced or recognized by the law. ... Odious debt is debt which is incurred by a regime for purposes which do not serve the interest of the state. ... In the law, a proximate cause is an event sufficiently related to a legally recognizable injury to be held the cause of that injury. ... Res ipsa loquitur is a legal term from the Latin meaning literally, The thing itself speaks but is more often translated The thing speaks for itself. The doctrine is applied to tort claims which, as a matter of law, do not have to be explained beyond the obvious facts. ... Sovereign immunity or crown immunity is a type of immunity that, in common law jurisdictions traces its origins from early English law. ... Stare decisis (Latin: , Anglicisation: , to stand by things decided) is a Latin legal term, used in common law to express the notion that prior court decisions must be recognized as precedents, according to case law. ... Precedence is a simple ordering, based on either importance or sequence. ... In tort law, the standard of care is the degree of prudence and caution required of an individual who is under a duty of care. ... This article or section does not cite its references or sources. ... Vicarious liability is a form of strict, secondary liability that arises under the common law doctrine of agency â€“ respondeat superior â€“ the responsibility of the superior for the acts of their subordinate and can be distinguished from contributory liability, another form of secondary liability, which is rooted in the tort theory...

Encyclopedia > Plain view doctrine

References