lawfully in the place where the seized item was in plain view; (2) the
suspect's digital property is in plain view. (59) If all of a
person's digital property is in plain view, then the application of
defendant's computer were inadvertently discovered in plain view
Further, they were in closed files and thus not in plain view. (92)
was in plain view; (2) the file's incriminating nature was
Why the plain view doctrine should not apply to digital evidence
Ohio.(73) In a memorandum, the court then justified the seizure under the "plain feel" exception by drawing an analogy to the plain view exception to the Fourth Amendment warrant requirement, which allows contraband observed in plain view to be searched further or seized without a warrant.(74) Thus, the court concluded that the seizure did not violate the Fourth Amendment and Dickerson was found guilty of possession of cocaine.(75)
New Hampshire,(116) the Court determined that no further intrusion on a suspect's Fourth Amendment rights occurs when officers seize evidence discovered in plain view if the officers remain within the bounds of the original search.(117) Allowing seizure of evidence in plain view does not threaten to turn a narrow search into a general exploratory search because evidence is not admissible under this doctrine if officers exceed the limits of the original search.(118) Since officers invoking the plain touch doctrine must also stay within the bounds of the original lawful search, this rationale applies equally well to tactile discoveries of contraband.(119)
Brown,(164) the plurality acknowledged that "immediately apparent" was a poor choice of words; they imply an excessively high degree of certainty as to the identity of the object.(165) The Court instead determined that probable cause will justify seizure of evidence discovered in plain view.(166) The Court has since reaffirmed the probable cause standard in the plain view context.(167)
In other words, if officers are lawfully conducting a search on a suspect's property, they can seize evidence observed in plain view without a warrant specifying the particular evidence, because they have lawful access to the object.(177) However, if officers are conducting a lawful search on one piece of property and observe contraband in plain view on the neighboring property, they can not enter the neighboring property in order to seize the evidence without a warrant, because to do so would constitute an illegal trespass.(178) Consequently, the third prong is not satisfied in the second scenario.
1032 (1983), the Court upheld the seizure of evidence in plain view from a car when the initial intrusion was justified under Terry.
Fourth Amendment - the plain touch exception to the warrant requirement
The lawful protective sweep is an important law enforcement tool because evidence seized in plain view during the sweep is admissible in court.(1) This article will define a protective sweep,(2) discuss the Supreme Court's only protective sweep decision, and review issues recently raised in lower federal courts regarding the practice.
He noticed a red running suit in plain view on a stack of clothing and seized it.
Protective sweeps
Supreme Court's rejection of inadvertence as a requirement for a valid plain view seizure.(23) The Supreme Court held that even if an officer fully expects to find an item that is ultimately found in plain view, the seizure of the item is authorized provided that the conduct of the officer is lawful.(24)
They also seized drugs and paraphernalia found in plain view. The district court suppressed the evidence, and the government appealed.
Creating exigent circumstances