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[Solution]crij1306 discuss6

by | Jul 18, 2022 | Recent Orders

The requirements of the plain view doctrine are discussed beginning on page 385 (Ferdico, 11th). There are two requirements or two prongs to the plain view doctrine.

1st prong: The officer must not unreasonably intrude on any person’s reasonable expectation of privacy. If a person’s reasonable expectation of privacy was invaded, then to satisfy the Fourth Amendment’s mandate of reasonableness, the officer must have had a valid justification for having intruded upon or into a zone of privacy.

2nd prong: The incriminating character of the object to be seized must be immediately apparent to the officer. In particular, the officer must have probable cause to believe that the item he or she is observing, and intends to seize, is incriminating in nature.

Review the defense attorney’s explanation of the plain view doctrine in the above video. After watching the video, and reviewing the requirement of the plain view doctrine beginning on page 385 – Ferdico 11th,  answer the following questions.

A suspect in a robbery runs from the police. The suspect happens to run inside your house to hide from the police. You have no connection with the suspect or the robbery. The police chase the suspect into your house and apprehend him. During this apprehension the police notice that you have a marijuana plant growing in your living room.


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