When observed in plain view during a valid administrative search, evidence of criminal activity ______

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25-08-2022
Social Studies

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When observed in plain view during a valid administrative search, evidence of criminal activity ______

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smecloudbird17 smecloudbird17 · Answer 1 · 2022-08-31T03:47:57-04:00

When observed in plain view during a valid administrative search, evidence of criminal activity may be immediately seized by police.

Plain view doctrine is a rule of criminal procedure which allows an officer to seize evidence of a crime without a warrant when the evidence is clearly visible. The reason for the plain view doctrine is not exigency of circumstance but rather police convenience. The doctrine dictates that three conditions must be met for seizing without warrant evidence in plain view: prior valid entry, inadvertence, and probable cause.

Officers can intentionally situate themselves where they believe they will observe a crime or find evidence and may obtain evidence without a warrant if the evidence is found in plain sigh. In nonintrusive and pre-intrusive situations, which are not subject to the fourth amendment at all, the plain view doctrine is inapplicable.

To learn more about Plain view here

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