Author Question: What other Fourth Amendment doctrines may permit the seizure of evidence if the plain view doctrine ... (Read 37 times)

wrbasek0

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What other Fourth Amendment doctrines may permit the seizure of evidence if the plain view doctrine does not apply?
 
  What will be an ideal response?

Question 2

A method of controlling crime in open spaces is to close streets and _______________.
 
  a. open doors
  b. restrict traffic
  c. guard bike lanes
  d. block retention basins



bulacsom

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Answer to Question 1

The term plain view seems to imply that the plain view doctrine is limited to items that the police can see with their eyes. However, in recent years, the Court has extended the plain view doctrine to incorporate items discovered using additional senses, especially smell (United States v. Place, 462 U.S. 696 1983) and feel (Cf., Minnesota v. Dickerson, 508 U.S. 366 1993).

It should be noted that the plain view doctrine is often thought of as something of a fallback measure. There are countless situations in which the plain view doctrine would seem to apply but in which the courts have based their decisions on other doctrines.

Answer to Question 2

b



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