2.26 - Plain View Searches The right to search and seize...

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Plain View Searches The right to search and seize what Officers can discover by the use of their ordinary senses - this is not only sight but the other senses as well. Open Fields Doctrine: Oliver v US - Man posts “No Trespass” sign. Police walk past it to find marijuana being grown. This is a valid search. Case Two police officers are patrolling an area in a marked squad car. At about 8:15 p.m., one of the officers observes a man leaving an apartment building. The officer, having previously responded to complaints of drug sales in the building's hallways and having executed several search warrants on the premises, considered the building to be a notorious "crack house." The man began walking toward the police but, upon seeing the squad car and making eye contact with one of the officers, abruptly stops and begins walking in the opposite direction. Suspicion aroused, this officer watched the man turn and enter an alley on the other side of the apartment building. Based upon the man's seemingly evasive actions and the fact that he had just left a building known for cocaine traffic, the officers decided to stop respondent and investigate further. Case The officers pulled their squad car into the alley and ordered respondent to stop and submit to a patdown search. The search revealed no weapons, but the officer conducting the search did take an interest in a small lump in respondent's nylon jacket. The officer later testified: "[A]s I pat searched the front of his body, I felt a lump, a small lump, in the front
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2.26 - Plain View Searches The right to search and seize...

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