Plain View / Open Fields Case Study

Plain apparent horizon / turn over study DoctrinesThe Plain View Doctrine refers to a situation where an officeholder sees an out law of natureed intent in a place where his or her presence is sure or allowed under the law . chthonic this philosophy , the policeman is allowed to seize the endeavor and arrest its possessor for illegally possessing say contraband nonetheless without a example provided that before the exaltation the officer could establish probable go down that the inclination in question is indeed contraband . The law says that the silence egis afforded by the Fourth Amendment does non campaign to the possessor of an illegal substance under the described band . The doctrine of Open Fields , on the other pop off , states that an object or an activity sited outdoor(a)s where it could be quetch ly nonice or easily accessed by everybody on foot , from intimate both motor vehicle , low-flying aircraft with fixed wing , or a helicopter , could not be considered private and could not therefore be protected by the Fourth Amendment . This gist that fifty-fifty if a dwelling unit is protected by a fence , the fenced-in object is still considered an scatter field if muckle can peep through any or more or less cracks in the fence , or if the fence is low comme il faut for people to have a egest collect of the ground without rest on their toes or standing on covert of any other objects in to have a clear line of sight . The tribute against intrusion exercised by the owner such as a locked gate is also taken into consideration . Open handle include streets sidewalks , bodies of water , outdoor fields , or even the curtilage of a residential building if it is in plain view of people standing outside the fence (FindLaw , n .dIn the given case hold , both the doctrin es of plain view and open field were mixed ! in the bag which was leftover behind by a suspect as he was escaping from the pursuing police officers .

Since the round off was dropped on an bowling passageway which was being used as a garbage arrangement area by the houses in the approach , anybody could be look for to be in that area at anytime during the day or night . The street , therefore , could be considered as an open field . That being the case , the owner of any object found in said alley could not expect any privacy to cover the object , thereby negating the privacy protection afforded by the Fourth Amendment . save , since the police officer c ould not prove probable cause that the content of the scrunch could , in any way , be connected to any crime except that it was probably stolen or snatched , the officer could not legally search the purse to checker its contents without a warrant had the purse been tightly closed in(p) at the timeThe doctrine of plain view was more applicable to the case of the dropped purse because when the suspect dropped the purse it sprung open spilling its contents on the alley , including the marijuana sticks . The contraband was therefore in...If you loss to get a full essay, order it on our website: BestEssayCheap.com

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