Examples of Plain view in a sentence
Plain view works the same way when the resident has given you permission to look around.
The President of CPI, Vice- President of Post-Secondary Education, or designee will evaluate all information for reliability and relevancy prior to requesting authorization to conduct a search.3. Plain view.
Plain view: An SF member may seize objects which are in plain view if they have probable cause to believe the item is contraband or evidence of a crime.
In order for a consent search to be legal, the individual must be in control of the area to be searched and cannot have been pressured or coerced into agreeing to the search.• Plain view (smell or hearing): A police officer that spots something in plain view does not need a search warrant to seize the object.
Safe approach to stopped vehicle observing for suspicious actions by occupants: 4.40.2.5.1. Officer/public safety concerns 4.40.2.5.2. Criminal activity signs: 4.40.2.5.2.1. Location 4.40.2.5.2.2. Actions 4.40.2.5.2.3. Odors 4.40.2.5.2.4. Time of day 4.40.2.5.2.5. Plain view 4.40.2.5.3. Evaluate activity and determine if and what type of additional law enforcement response is needed.
Plain view includes instances where inappropriate behavior is observed in public areas and the persons responsible attempt to avoid responsibility by hiding in a residence; instances where inappropriate behavior is observed through an open door; instances where inappropriate behavior is observed through a window and when noise is heard from a residence indicating that inappropriate activity is occurring in the residence.
Ray, Cold Spring Harbor Mono- graph Series, Cold Spring Harbour Laboratory Press, Plain- view, NY, 1978, vol.
Jarrett and Bailie (2009:34) conclude the plain view means evidence in plain view of the investigator who has a right to search may be seized.Kerr (2005:567) states plain view means “unpredictably locating evidence, without possessing prior knowledge that such evidence existed in that location and without executing any physical search to find it.” Plain view concept occurs during execution of a search warrant when evidence not mentioned in the search warrant surfaces and is seized.
Know the distinctions between: Plain view observation and probable cause to believe that an item of evidence is in a certain place; plain view observation and a search, especially with respect to closer examinations of items and examinations of containers.
Plain view (visual) searches are not searches in the legal sense of the term.