What Are The Requirements For The Plain View And Open Field Doctrine?

What are the three key elements of the plain view doctrine?

H t t t th th diti hi h t b ti fi d i d t h ld i d Horton sets out the three conditions which must be satisfied in order to uphold a seizure under the plain view doctrine: (1) the item must be in plain view of the officer, (2) the officer must lawfully be in the place where he discovered the evidence, and (3) the ….

What is the difference between curtilage and open fields?

Distinguishing open fields from curtilage While open fields are not protected by the Fourth Amendment, the curtilage, or outdoor area immediately surrounding the home, may be protected.

What is meant by a plain view seizure?

Primary tabs. The plain view doctrine allows a police officer to seize objects not described in a warrant when executing a lawful search or seizure if he observes the object in plain view and has probable cause to believe that it is connected with criminal activities.

What is the plain touch doctrine?

INTRODUCTION. In Minnesota v. Dickerson,’ the United States Supreme Court unanimously adopted the plain touch doctrine, thereby allowing of- ficers to seize evidence recognized through the sense of touch dur- ing a lawful patdown without a warrant.

What is a major limitation to the seizure of narcotics under the plain feel doctrine?

Limitations. For the officer to legally seize the item, the officer must have probable cause to believe the item is evidence of a crime or is contraband. The police may not move objects to get a better view, and they may not be in a location unlawfully.

Which would be considered an open field?

“Open Fields”. —In Hester v. United States, 337 the Court held that the Fourth Amendment did not protect “open fields” and that, therefore, police searches in such areas as pastures, wooded areas, open water, and vacant lots need not comply with the requirements of warrants and probable cause.

What is the definition of exigent circumstances?

Exigent circumstances – “circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of the suspect, or some other consequence improperly frustrating …

How is curtilage determined?

When considering whether something is in a dwelling’s curtilage, courts consider four factors: The proximity of the thing to the dwelling; Whether the thing is within an enclosure surrounding the home; Wha the thing is used for.

What is considered curtilage by law?

In common law, the curtilage of a house or dwelling is the land immediately surrounding it, including any closely associated buildings and structures, but excluding any associated “open fields beyond”, and also excluding any closely associated buildings, structures, or divisions that contain the separate intimate …

What does within the curtilage mean?

Curtilage is an important legal concept when it comes to property and land. … Curtilage is legally defined as “the enclosed space of ground and buildings immediately surrounding a dwelling-house”, or “the open space situated within a common enclosure belonging to a dwelling-house.” Not all buildings have a curtilage.