Roel R. Garcia Plain View / Open Fields Case Study Axia College University of Phoenix Scott Smith September 14‚ 2008 Today a high percentage of the arrests done by law enforcement are from seized evidence that was in plain view and does not come under the Fourth Amendment. The plain view doctrine states that items that are within the sight of a police officer who is legally in a place from which the view is made may properly be seized without a warrant as long as such items
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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
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surrounding the plain view doctrine in context to a legally executed search warrant of a suspects hard drive in order to find evidence of a particular crime being investigated. When an officer searches a physical location while executing a search warrant and discovers evidence of another crime other than the one being investigated‚ that evidence is said to be in “plain view‚” which can be seized and used to support a criminal prosecution. Many courts have simply applied the plain view doctrine to computer
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Discussion of Search Warrants and Probable Cause Larry Brueland AIU Online ABSTRACT This paper will review the definition and discuss the process in which a search warrant is obtained in accordance with the Fourth Amendment requirements. We will also show the definition of Probable Cause and the standards for which it is met. There are seven types of searches that do not require a warrant. We will list these seven types of searches‚ but will discuss only two in full detail. As part of the
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Sgt. Wertz‚ Bradley Training Presentation 3rd Squad Marine Corps Core Values MCCS-LDR-1022 General Purpose: To inform Specific Purpose: To inform my audience of your rights as a Prisoner of War (POW) Central Idea: Although war may be an uncivilized human act‚ the treatment of Prisoners of War shoul not reflect that kind of behavior‚ as their rights should be upheld and respected. Introduction: In a war with sometimes unforeseen actions taken by our faceless‚ ever-evolving
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Criminal Procedures Assignment Unit 2 | Alan Borkowski‚ Criminal Procedures CJ227‚ September 12‚ 2012 | Alan Borkowski9/12/2012 | I believe that officer Smith did have every reason to pull over the car in question because there was not only the appearance of a broken tail light that had been taped up but also the car resembled a vehicle that had been used in the commission of another crime‚ that being the road side killing of another officer. Officer Smith’s observation that the vehicle
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Plain View Doctrine Misty Basford Kaplan University Plain View Doctrine This rule gives police officers the ability to seize evidence involved in a crime without a warrant if the evidence is in plain sight. This rule is limited by probable cause which requires police officers to have probable cause and believe the items in plain view are evidence before they seize them. The fourth amendment does prevent unreasonable searches and seizures. There are two ways the rule can be used. 1. The officer
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Emily Arochi Plain View/Open Fields ADJ/275 February 7‚ 2010 In our readings the plain view doctrine states “that items that are within the sight of an officer who is legally in a place from which the view is made may properly be seized without a warrant—as long as such items are immediately recognizable as subject to seizure”. There are some requirements of the plain view doctrine. One requirement is the awareness of the items solely through the officer’s sight. Another requirement is that
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Asher APUSH/ Period 3 February 25‚ 2011 Hidden in Plain View by Jacqueline L. Tobin Slavery was an extended‚ often cruel‚ time in American history; it would take an all-out war before this evil institution was to be abolished. However‚ while in captivity‚ many slaves did not merely except their life in shackles. Instead‚ many fought back and even escaped‚ using various methods to do so‚ which Jacqueline L. Tobin documents in Hidden in Plain View. Tobin wrote this book to enlighten the reader to
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Broad and flat‚ plains are well named. Some appear when glaciers and streams erode away elevated terrain; others spread where rising magma pushes‚ erupts‚ and spews. Some plains spill into the oceans‚ and others are bound by mountains on several sides. They all hide a tumultuous geologic history beneath their level disguise. The base of the vast Great Plains in North America formed when several small pieces of continental crust collided and welded together more than a billion years ago. As time
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