Preview

Search and Seizure: in Plain Smell

Better Essays
Open Document
Open Document
1555 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Search and Seizure: in Plain Smell
INTRODUCTION Rules for searches conducted in plain smell are complex and varied based on the circumstances and location of the search. Under the plain smell doctrine, an officer can use his sense of smell as probable cause to search if there is an articulable belief that the origination of the odor is an illegal substance, or if it indicates an exigent circumstance. Plain smell is a principle under the plain view rule, which basically states that evidence in plain view of an officer is not protected by the Fourth Amendment, as “seeing” the evidence in that capacity does not constitute a “search”. For the plain view doctrine to apply for discoveries, the following requirements must be met (Horton v. California, (1990) 496 U.S. 128,136):
1. The officer’s observation of the evidence must be lawful, meaning the officer had a legal right to be at the location, or the suspect did not have a reasonable expectation of privacy in the location,
2. The officer must have a lawful right of access to the object, and
3. The officer must have probable cause to believe the object is evidence of a crime.
Plain smell falls under the “probable cause” prong of the plain view rule and would be considered circumstantial evidence, as determining the existence of something based on smell can only be inferred until the actual the object is seen and verified. Plain smell may also fall under the doctrine of exigent circumstances if there is an urgent need for an officer to take action based on the totality of the circumstances surrounding the suspect odor. (People v. Duncan (1986) 42 Cal.3d 91, 103). In this case, the officer must believe the threat would have materialized before a warrant could be obtained. For example, a Meth lab or PCP lab might be considered exigent circumstances, as the chemicals used in the production of those substances are highly volatile and could explode. An officer relying on plain smell as probable cause should always attempt to obtain other

You May Also Find These Documents Helpful

  • Good Essays

    As stated in Warden v. Hayden (1967) officers that are executing a search warrant may search for the items in any place or thing where the evidence could be found on the premises of where the warrant was issued. The precedent…

    • 500 Words
    • 2 Pages
    Good Essays
  • Good Essays

    So Aldo did his job and alert that in the driver's side door smelled drugs which give Wheatley probable cause so that the police officer to search Harris truck. The reason, the police officer use a warrantless search and arrest was because at the commission moment it was not feasible to obtaining warrant prior to the search and arrest. Aldo's alert investigation give substantial evidence that Harry has committed a crime that lead to the discovery of "200 loose pseudoephedrine pills, 8,000 matches, a bottle of hydrochloric acid, two containers of antifreeze, and a coffee filter full of iodine crystals- all ingredients for making methamphetamine." Once again, the Fourth Amendment of the Constitution allows the police officer like Wheetley to conducted a warrantless search to Harris's truck because in that circumstances it was likely that the evidence will be destroyed. As a result, the trial court permitted the evidence to be submitted at trial that most likely will confirm the charged of possession of pseudoephedrine against…

    • 420 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Unit Two

    • 579 Words
    • 2 Pages

    3. What do you think would be the best method of submitting evidence to a crime…

    • 579 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    extinguishment of an aversive reaction, (Brink, n.d.). Automobiles are prime areas for smells if they are not…

    • 439 Words
    • 2 Pages
    Good Essays
  • Good Essays

    2.06 Forensic Science

    • 764 Words
    • 4 Pages

    Physical evidence is anything that can establish a crime has occurred and anything that links the crime to a criminal. Three examples of physical evidence are fibers, weapons, and hair.…

    • 764 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The Fourth Amendment to the United States Constitution guarantees protection from unreasonable searches and seizures. It is the duty of law enforcement officers to conduct legal searches and seizures. An illegal search or seizure violates a person's rights and may lead to adverse consequences for the officer who engaged in the illegality. This paper covers a simulated case of Minnesota vs. Ronald Riff. The prosecution witness sheets are used to gathering information for Officer Shield to obtain a warrant to search the home of Ronald Riff, a suspect in the burglary of Marquette's Market.…

    • 787 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Considering that these flaws can work in two ways, it's hard to conduct a decent search on someone with the time it takes to get a warrant. Whether they get rid of the drugs or they just didn’t have them in the first place, this can make the police look bad either way. If the person who clearly had drugs…

    • 564 Words
    • 3 Pages
    Good Essays
  • Good Essays

    On June 24th, 2006, an officer from Liberty County, Florida, Sheriff’s office (Officer William Wheetley) made a traffic stop after noticing an expired license plate on a man named Clayton Harris’ truck. After making the stop, Officer Wheetley noticed that Harris appeared to be nervous. In addition, Officer Wheetley spotted an open beer can inside the vehicle. Officer Wheetley then requested to search Harris’ truck. Harris refused to cooperate leaving Officer Wheetley no choice but to send his drug-detection dog (Aldo) to conduct a “free-air sniff”. After the “free-air sniff”, the dog alerted to the driver-side door of Harris’ truck. After the alert, Officer Wheetley then searched the truck finding narcotics in Harris’ possession. These narcotics consisted of: Two hundred pseudoephedrine pills, eight thousand matches, and muratic acid. Officer Wheetley recognized these materials as substance to the drug methamphetamine.…

    • 791 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Before entering a crime scene, the officer must assess the situation and determine if they reasonably believe that a crime has been or in the progress of being committed prior to making entry. Such beliefs can be obtained from the information provided by the dispatcher, statements received by neighbors upon arrival or the physical aspects of the scene, such as a broken window or door. Sounds coming from the premises such as screams or gun shots would permit an officer to make entry without a warrant, due to the “exigent circumstances” that arises. The officer is then able to conduct a “protective” search of the premises when he or she reasonably believes that “a person within the premises is in immediate need of assistance, or a perpetrator is present.” Otherwise the officers would be violating ones Four Amendment Rights, protections against unreasonable searches and seizures. Officers will then notify dispatch of the situation and decide whether or not to have additional officers, fire fighters or paramedics to respond. (Lyman, pg. 33)…

    • 478 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Trace evidence is based on Locard's exchange principle which contends that every contact no matter how slight will leave a trace . The trace is normally caused by objects or substances contacting one another, and leaving a small sample on the contact surfaces. Foreign objects or pieces of material present at a crime scene and tracing its origin can assist in an arrest and conviction the same way finding some trace from the victim or crime scene on a suspect can have a strong impact on a case. Trace evidence, though often insufficient on its own to make a case, may support other evidence or even prompt a confession. Because trace evidence can be any number of things, from a paint chip to a piece of glass to plant debris, there are numerous different methods used for analysis. This essay is to only cover the chemistry unit in the analysis of synthetic material, blood and urine samples, to explore how their work helps in the general aspect of crime investigation and how cases are built using this type of trace evidence.…

    • 396 Words
    • 2 Pages
    Good Essays
  • Good Essays

    While on duty, I observed a dark colored passenger car sitting at the back parking lot at Franklin Ball Park. Anyone at Franklin Ball Park is also trespassing after dark. I approached the vehilce and upon my approach, the driver, Wesley Herrington was throwing up on the ground. I also smelled a strong odor of an alcoholic beverage coming fro his expelled breath. The keys to the car were also in the ignition upon my approach. Herrington also admited that he was drinking alcohol. I aslo abserved a bottle of liquor sitting in the passenger seat, in Herrington reach.…

    • 581 Words
    • 3 Pages
    Good Essays
  • Good Essays

    During this visit to the home, I conducted a quarterly inspection. During my inspection, I went into the backyard of the home which had approximately two or three large trash bags that were opened and the trash was observed to be lying in the backyard and on the back porch. Included in this trash were several packs of cigarettes. I asked Ms. Theard if she smokes as she previously reported that she only used a vaporizer. Ms. Theard reported that she does smoke, but that she only smokes outside of the home. I addressed with Ms. Theard that the home smells of smoke and she reported that her mother had smoked in the home before she passed and that the smell has never gone away. Ms. Theard…

    • 1018 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Homemade Air Freshener

    • 661 Words
    • 3 Pages

    Fragrance compounds have been used since antiquity to freshen air and mask odors as for the ancient Egyptians, known to use masks to scent their tombs. And as time runs until 1948, the first modern air freshener was introduced, using technology developed by the military to disperse insecticides, was a pressurized spray containing about 1% perfume, 24% alcohol and 75% chlorofluorocarbon (CFC) propellant. This compound chemicals capable of reducing a variety of unpleasant odors, and deliver fragrance is the product of AIR FRESHENER…

    • 661 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Unit 2 Text Qeustions

    • 593 Words
    • 3 Pages

    1.Physical evidence is any evidence that can establish a crime has happened and anything that links the crime and the criminal, and three examples of physical evidence is: weapon, fibers, and hair.…

    • 593 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Physical evidence is anything that can establish a crime has happened and anything that leads the crime to the criminal. Law enforcement may collect physical evidence not only from the crime scene, but also from a person's body and/or property (home, car,etc). Some examples include weapons, fibers, and hair.…

    • 786 Words
    • 2 Pages
    Satisfactory Essays