Answer to Question 1
California v. Ciraolo has implications for law enforcement. They are that law
enforcement officers are not limited by ground-level sight of contraband. This
enables police to use what they see from an airplane. For constitutional rights, this
expansion of plain view is reasonable, because the expectation of privacy is low
when something is out in the open.
Answer to Question 2
Plain view is when items that are within the sight of an officer who is legally in the
place from which the view is made may properly be seized without a warrant as long
as such items are immediately recognizable as subject to seizure-. An example is
when an officer stops a car for speeding. When she approaches the vehicle, she
observes three marijuana plants in the back seat. Plain touch is when an officer
touches or feels something that is immediately identifiable as seizable, the object can
be seized as long as such knowledge amounts to probable cause. An example is
when an officer in a pat-down for weapons of a person that acts as if he was under
the influence of drugs, and has needle marks visible in his arms, feels a hypodermic
needle. The U.S. Supreme Court has reasoned with regard to the plain touch
doctrine that based on Terry v. Ohio, officers may detect the presence of weapons
through the sense of touch. They extended the use of touch to contraband.
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