Thursday, September 12, 2013

Plain View/Open Fields Case Study

Plain View/ informal Fields content hit the books Derrik Green ADJ/275 1/22/2012 Aaliyah Muhammad Plain View/Open Fields Case Study The U.S. Constitution presents unmarrieds the right of granting immunity from unfavor able-bodied seizure and research below the fourth amendment. Investigations be described as a g overnmental invasion of a place in which an individual carries a sensible as well as a justifiable expectation of solitude. The motion of governmental command over a person or a thing is called a seizure. Under the fourth amendment the things that end point be acceptable will rely only on the situation. There argon both types of search and seizure, unmatchable would be when the government will lease a warrant permitting the measures, and the twinkling are the ones justifiable with no warrant. Another thing under the fourth amendment there are at least sixer exclusions for the warrant condition, in which a warrantless investigation is justified so this means it is legitimate under the fourth amendment. This is where the apparent peck doctrine comes in effect.
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The plain view doctrine one of these reasons will come into fill to make a warrantless seizure, the husking of fruits, proof, or accessories or mordant to the criminal offense; legally in the area in which they did the search; finding proof in plain view, and to throw probable cause to look at that the objects are evidence or contraband and is an instrument in the criminal offense. Some of these prerequisites are established in genus Arizona v. Hicks, 480 U.S. 321 (1987). The circumstance in this trip the s tate is effectively able to state that the p! lain view doctrine is usable in the drug operation in the backyard. After Officer Nelson perceive yelling he reacted and cursorily looked into the backyard. The guys were hurting each other. The entrée was unlocked and Officer Nelson was understandably in the area to try out about the struggle. Soon later Officer Nelson separated the guys a white powdery coalesce inside some baggies were ensnare in the backyard. Due to...If you urgency to get a ample essay, order it on our website: OrderCustomPaper.com

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