NCJ Number
125886
Journal
Notre Dame Law Review Volume: 65 Issue: 3 Dated: (1990) Pages: 490-535
Date Published
1990
Length
46 pages
Annotation
After discussing the development and current state of the plain-view doctrine, this note examines the admissibility of electronically intercepted conversations relating to crimes not described in the surveillance order (plain-view interceptions) under Federal and State law.
Abstract
Under the plain-view doctrine, police officers properly executing a lawfully issued search warrant may seize incriminating evidence not described in the warrant if they discover the item in plain sight. Evidence so obtained is admissible in court. Likewise, this note argues that electronically intercepted conversations about crimes not mentioned in a properly executed surveillance order should be admissible as evidence in the prosecution of those crimes. Further, the evidence should be admissible without unnecessary procedural prerequisites or restrictions. Such procedures and restrictions further no significant fourth-amendment or individual privacy concerns, considering the current state of the plain-view doctrine and the substantial privacy safeguards required in all surveillance statutes. Electronic surveillance statutes that impose limits on the admissibility of plain-view interceptions place unnecessary burdens on law enforcement and should be reformed. 262 footnotes