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enforcement officer ought to have observed an item in plan view. By this, item awareness has to be through using the sense of sight. 3) An officer must have immediately recognized an item as contraband or evidence without the need for making further intrusion. This implies that the evidence or activity is to be immediately identifiable by the officer as being criminal in nature. Inother words, it has to be apparent that the evidence or activity is subject to seizure [Geo07].
CONSTITUTIONAL RIGHTS 4Compare and contrast the various means of identifying suspectsLaw enforcement officers use various procedures in verifying that the arrested individual is indeed the one who committed a certain crime being investigated. Identification procedures assist in identifying suspects and in the process providing evidence during the trial. Police officers use the following three means in identifying suspects namely lineups, showups and photographic identifications. In lineups, witnesses or victims of a reported crime are shown possible suspects in a police station from who they are to identify the suspect. In line up, there is right to counsel as well as the right to Due Process. However, the lineup means of identifying suspects has no right against self-incrimination and no involvement of unreasonable search or seizure. In a showup, only a single suspect is shown to the victim or witness, especially at the scene where a crime occurred and what follows immediately is the arrest of the suspected person.Showup is similar to a lineup in that it has right to counsel and right to due process. Showup has no right against self-incrimination and no involvement of unreasonable search or seizure. Lastly, photographic identification is where photographs of suspects are shown to witnesses or victims to make identification of the suspect. Here, there is no right to counsel, but there exist a right to the due process. Additionally, in the photographic identification, there is no right against self-incrimination and no involvement of unreasonable search or seizure [Rol16].