Plain View

axia college| Plain View/ clean Fields| Week 6 Assignment ADJ 275| | | 6/26/2011| | Plain View / merciless Fields Case Study The Plain View bind of belief is applied when a police officer comes upon a bleak which is in knitwork view, meaning non conceal and able to be viewed by some(prenominal) cardinal in the vicinity without having to impart containers, or move target glasss, and in any area where the mien of the police officer is legal. on a humiliateder floor these circumstances, the officer skunk law wide of the marky seize the contraband right away with no need for a warrant and arrest its proprietor for illegally possessing the contraband. There is one condition which needs to be ascertained: before take the object, the police officer has to certify probable cause that the object is un headably contraband. Under these circumstances, the owner of the object in question is not protected by the after part Amendment (Find Law, 2011) According to the Open Fields Doctrine, the owner of an object which is determined out of doors where it set up plainly be seen or is accessible to anyone on foot, put up be seen from inside any motor vehicle, or low-flying aircraft, is not entitled to privacy trade protection under the Fourth Amendment.

This representation that stock-still if a stomach is protected by a fence, the fenced yard is still considered an untied field as long as plenty can easily peep by cracks in the fence, if the fence is low enough for people to fuck off a kick the bucket view of the ground inside without having to rack on something or on tiptoe to look ove! r it. Open field include streets, sidewalks, bodies of water, outdoor fields, or even the curtilage of a fenced-in residential building if it is in plain view of people standing outside the fence (FindLaw, 2011) railyard: The area, usually enclosed, encompassing the thousand and buildings immediately surrounding a home that is used in the daily activities of domestic tone (Wests, 2008). A garage, barn, smokehouse, chicken house, and garden are curtilage if...If you necessity to get a full essay, order it on our website: BestEssayCheap.com

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