Describe the plain view doctrine, and why it has such a significant impact on digital forensics? what are three approaches to determining whether the doctrine applies to a specific case.

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25-08-2022
Social Studies

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Describe the plain view doctrine, and why it has such a significant impact on digital forensics? what are three approaches to determining whether the doctrine applies to a specific case.

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pragyavermav1 pragyavermav1 · Answer 1 · 2022-09-02T11:38:43-04:00

The Plain view doctrine allows a United states Officer to seize without any warrant or evidence which are found in plain view during an investigation. At the US airport also doctrine is used by TSA officers for screening persons and properties. In Doctrine for an officer to seize an item, he/she should believe that the item is evidence of a crime. The major idea behind this law is that; with the plain view or plain smell of an officer he/she is allowed to seize an item without any warrant and the plain smell is detected with the help of a police dog. On the other hand, digital forensics deal with concrete proofs using computers and it is just the opposite of the plain view doctrine mechanism. As per the law, the police are also allowed to search the digital world for a crime. The police can search the computer or any digital device of the suspect as it is found to be very much useful.

The 3 major approaches/ elements must be met to be sure that doctrine applies to the case:-

1) The officer must be physically present in the location or area where the evidence can be viewed plainly. No office can issue the case if he/she is not present in the location physically.

2) The item should be kept in plain view that is it should have been kept in a place where it is easily visible and plain view can be done.

3) The Item should be recognized immediately by the officer without any delay and without any further intrusion. Long story short the object should be apparent immediately.

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