Immediately apparent definition
Immediately apparent means that the officer has probable cause to believe that the article
Immediately apparent in this context means apparent without further action or intrusion by the officer; further action or intrusion is a search requiring separate justification, usually probable cause. Arizona v. Hicks, 480 U.S. 321 (1987). Here the officers did not seize the items when they were in the bedroom by consent of the Defendant.
Immediately apparent means that the officer must have had probable cause to believe the item is contraband.” State v. Seibert, 5th Dist. Tuscarawas No. 2004-AP-060048, 2005-Ohio-275, ¶17, citing Arizona v. Hicks, 480 U.S. 321, 326 (1987). “Probable cause merely requires that the facts available to the officer would warrant a person of reasonable caution in the belief that a certain item may be contraband. A practical probability that incriminating evidence is involved is all that is required.” Seibert, supra, citing Texas v. Brown, 460 U.S. 730, 742 (1983).” Such association may arise from the character of the property itself or * * * from the circumstances in which the property is discovered.” State v. Halczyszak, 25 Ohio St.3d 301, 305 (1986). “[P]robable cause,” implies a “‘practical, nontechnical’ probability that incriminating evidence is involved.” Brown, supra. In making the probable cause determination, a police officer can rely upon his specialized knowledge, training, and experience. Halczyszak, supra, paragraph four of the syllabus. “Where police cannot fairly make a determination based on this standard, then the subject of inquiry requires the more technical determination which the magistrate alone is capable and empowered to make.” Id.
More Definitions of Immediately apparent
Immediately apparent in this context means apparent without further action or intrusion by the officer; further action or intrusion is a search requiring separate justification, usually probable cause. Arizona v. Hicks, 480 U.S. 321 (1987). Here the officers did not seize the items when they were in the bedroom by consent of the Defendant. 8 In McBride, the Court considered “whether a defendant had a legitimate expectation of privacy in an item located (in a nightstand) in the defendant‟s residence when the item is owned by a third person,” and concluded that the defendant did have a legitimate expectation of privacy under such circumstance, and thus had standing to challenge the search of the nightstand.
Immediately apparent means that the officer must have probable cause to seize the article in plain view.