Plain View

axia college| Plain View/ clean Fields| Week 6 Assignment ADJ 275| | | 6/26/2011| | Plain View / savage Fields Case Study The Plain View member of belief is applied when a police officer comes upon a bleak which is in knitwork view, meaning non cut through and able to be viewed by each cardinal in the vicinity without having to impart containers, or move object lens glasss, and in any area where the mien of the police officer is legal. downstairs these circumstances, the officer skunk law adepty seize the contraband promptly with no need for a warrant and arrest its possessor for illegally possessing the contraband. There is one condition which needs to be ascertained: before take the object, the police officer has to draw probable cause that the object is un headably contraband. Under these circumstances, the owner of the object in question is not protected by the quartern Amendment (Find Law, 2011) According to the Open Field s Doctrine, the owner of an object which is locate out of doors where it set up plainly be seen or is accessible to anyone on foot, mint be seen from inside any motor vehicle, or impoverished-flying aircraft, is not entitled to privacy apology under the Fourth Amendment.

This representation that stock-still if a abide is protected by a fence, the fenced yard is still considered an unclouded field as long as race can easily peep by cracks in the fence, if the fence is low enough for people to fuck off a take place view of the ground inside without having to rack on something or on tiptoe to look over it. Open fi eld include streets, sidewalks, bodies of wa! ter, 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 campaign 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 tend are curtilage if...If you necessity to get a full essay, order it on our website: OrderCustomPaper.com

If you want to get a full essay, visit our page: write my paper