Author Question: ________ is intentionally making a false statement under oath. Fill in the blank(s) with correct ... (Read 73 times)

mcmcdaniel · **on:** Aug 24, 2018

________ is intentionally making a false statement under oath.

Fill in the blank(s) with correct word

Question 2

Explain the lawful access prong of the plain view doctrine.

What will be an ideal response?

mcabuhat · **Reply #1 on:** Aug 24, 2018

Answer to Question 1

Perjury

Answer to Question 2

For the plain view doctrine to apply, the police must have lawful access to the object to be seized. As the Supreme Court stated in Coolidge:
Plain view alone is never enough to justify the warrantless seizure of evidence. This is simply a corollary of the familiar principle . . . that no amount of probable cause can justify a warrantless search or seizure absent exigent circumstances. Incontrovertible testimony of the senses that an incriminating object is on premises belonging to a criminal suspect may establish the fullest possible measure of probable cause. But even where the object is contraband, this Court has repeatedly stated and enforced the basic rule that the police may not enter and make a warrantless seizure.