The Plain View Doctrine

He was being prosecute by a char yelling at him to check into and give her crinkle congest to her. The police, comprehending that a scrunch up snatching had occurred, gave pursuit through a nearby neighborhood where fenced houses lined the street. The suspect, turning a corner, ran through a public alley apply for garbage pickup and dropped the crinkle which fell to the ground and spilled most(prenominal) of its contents. Although the police continued to pursue the suspect, they lost him. They and so returned to the dropped furrow and its contents which were in bailiwick view.

At that moment, Officer Nelson perceive screaming from within a brick walled back yard. He was equal to(p) to see into the yard without standing on his toes or utilize a stool. He sight two adolescent boys in a fist fight. Their clothes were ripped, their eyes were swollen, and their faces were bloody. Nelson ran to an unlocked entry, entered the back yard, broke up the fight and segregated the boys. He then noticed several bags resting on a patio defer just outside a screened patio door a few yards away. Calling for the boys' parents, Nelson walked toward the screen door and observe a white powder substance in the baggies. When a nightgown wearing woman exited the house and explained the presence of the baggies, Nelson arrested her for drug self-denial.

Nelson was performing responsibly in entering the backyard through an unlocked gate in order to break up the fight. According to Friedrichs (2006), the officer behaved appropriately

Court of the united States. overbold York: Oxford University

Under the Fourth Amendment, determining what constitutes a legitimate count and subsequent seizure can be challenging. In Katz v. United States, the Supreme Court affirmed that a warrantless search is express by probable cause requirements.

In the case of the dropped purse and the baggies of powder found in the backyard, the police acted correctly in arresting the two women. They had probable cause to collect the purse and its contents for the robbery victim and to enter the backyard to break up a violent fight. Because both sets of pitch-dark were in plain view, the police had probable cause to arrest the two women and trip them with possession of contraband.

Upon looking at the spilled contents of the purse, the police observed what appeared to be hand-rolled cigarettes which in their experience suggested that they could contain marijuana. Once again, these contraband items were in plain view and as discussed by sign (1992), the police then had probable cause to arrest the woman who claimed the purse and its contents as her own. The police earlier observed her in pursuit of a man swinging the purse and running away. She verbally announced that it was her purse. The police therefore arrested her for possession of contraband.

in this instance and when he spotted the powder change baggies, his behavior was affected by the Plain View Doctrine. He discovered what appeared to be illegal dru
Ordercustompaper.com is a professional essay writing service at which you can buy essays on any topics and disciplines! All custom essays are written by professional writers!