Plan View Doctrine The plan view doctrine states that any law enforcement

Plan view doctrine the plan view doctrine states that

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Plan-View Doctrine The plan-view doctrine states that any law enforcement officers can seize an object without a warrant if the object is in plain view and the officer has reasonable suspicious the object was in criminal activity (“Plain View Doctrine”, n.d). If an object is moved doing a search and then place in plain view the officers are still able to go on with the investigation as the plan view doctrine. The requirement is, “…the officer has a legal justification to be in a constitutionally protected area when the seizure occurs, the evidence seized is in the plain view
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POLICE POLICY AND CRIMINAL PROCEDURE 3 of the officer who comes across it, and it is apparent that the object constitutes evidence of a crime” (Scheb, 2015). New York v. Henderson Officers are now allowed to seize and item if it is in plain view and don’t need probable cause just like the New York v. Henderson case in 2016. This then became an issue because it contradicts the Arizona v. Hicks case since law enforcement can seize evidence without probable cause. This means that they can now seize an item on reasonable suspicion affecting public policy. This now leads more room for interpretation of what “less than probable cause” means leading to more dilemmas in cases involving plan view. An example of this would be if police
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  • Spring '19
  • CHRIS LOEFFLER

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