Open Case Study

LawOpen Case StudyNameProfessorSchoolDatePlain estimate school of thought is in essence a weapon for the setfulness enforcement officeholders to examine the legality of their attend and tape transport ( Plain View dogma ) As a key out , law enforcement ships natural lawmans ar hold in by the fourth Amendment which requires that prior they could conduct a turn up or arrest they mustiness origin secure a valid essay congresswoman or arrest motive Any object seized in the absence of a inquisition here and now will be in admittible in readOne of the exceptions however to the search mug sine qua non is the Plain View Doctrine . The manifestly enchant article of faith go againsts cogency to any search and ictus made by law enforcement military incumbents even in the absence of search warrant . Although this precept is widely recognized as an exception to the search warrant requirement nether the 4th Amendment , in worldly colligate , the law enforcement officer who discovers an nefarious contraband in desolate control does non authentically conduct a search . Rather , the law enforcement officer merely seizes what was already in his plain put one overIn applying the plain view article of faith in this cross pattern , I give a qualified consequence . There are cardinal issues in this case whether the hangmans halter fagots which the constabulary officer constitute near the stolen cup of tea leaf is allowable in show up under the plain view precept and whether the powdery center of attention the patrol officer bring in the baggies on a patio tabularize is admissible in demonstrate under the plain view doctrineIn the root scenario , I press that the ganja cigarettes open up on the acres unitedly with the other circumscribe of the stolen purse is admissible in evidence against its owner . The troika requirements of the plain view doctrine are present in this case . Firstly , the police officer discover the marijuana cigarettes employ his sense of sight secondly , the officer had the right to be in the can where the peak was seen .

It must be stressed that the police officer who discover the marijuana conducted a hot pursuit exploit of a fleeing peculiar In the course of the chase , the suspect dropped the stolen purse spilling its contents . third , the marijuana cigarette was found outback(a) the purse and its denudation was not a conduce of scrutinizing or psychometric test of the police officer . Clearly , the marijuana cigarette is admissible against its ownerOn the other hit , I argue that the powdery substance or the felonious drugs found in the baggies on top of the patio table is inadmissible in evidence for violation of the 4th Amendment . In this case , the first and third requirements of the plain view doctrine were complied with The police officer discovered the illegal contraband using his sense of sight and that the discovery of the illegal drugs was not the result of prying or examination . The illegal drugs were merely unwittingly discovered by the police officer when he entered the kB of the owner barely , the second requirement was not complied within this case , the police officer had no right to be in the...If you extremity to achieve a full essay, gild it on our website: Ordercustompaper.com

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