WARRANTLESS SEARCHES AND THE 'PLAIN VIEW' DOCTRINE CURRENT PERSPECTIVE

• NCJ Number: 34003
• Journal: Criminal Law Bulletin Volume: 12 Issue: 1 Dated: (JANUARY-FEBRUARY 1976) Pages: 5-25
• Author(s): P W LEWIS; H W MANNLE
• Date Published: 1976
• Length: 21 pages
• Corporate Author: Warren, Gorham and Lamont, Inc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

AN EXPLORATION OF THE LAW AND PRACTICE RELATING TO THE 'PLAIN VIEW' EXCEPTION TO THE WARRENT RULE, WITH CONSIDERATION OF THE DOCTRINE'S HISTORY AND DEVELOPMENT, AS WELL AS ITS CURRENT, UNCERTAIN STATUS.

Abstract

BEGINNING WITH THE RELATIVELY RECENT EMERGENCE OF 'PLAIN VIEW' AS AN EXCEPTION TO THE FOURTH AMENDMENT'S WARRANT REQUIREMENT, THE ARTICLE PROCEEDS TO AN EXPLORATION OF ITS CURRENT STATUS, WITH A FUNCTIONAL ANALYSIS OF THREE HYPOTHETICAL PROBLEMS OF INTEREST TO THE PRACTITIONER AND THEORETICIAN. UNCERTAINTY IS SAID TO EXIST WITH RESPECT TO THE 'INADVERTENCE' REQUIREMENT, WHICH HAS HITHERTO SPECIFIED THAT 'PLAIN VIEW' EVIDENCE MUST BE DISCOVERED INADVERTENTLY. (AUTHOR ABSTRACT MODIFIED)