This topic contains a solution. Click here to go to the answer

Author Question: Why can plain-view searches be called nonsearches? Identify and describe the situations when the ... (Read 31 times)

WhattoUnderstand

  • Hero Member
  • *****
  • Posts: 517
Why can plain-view searches be called nonsearches? Identify and describe the situations when the three conditions of the plain-view doctrine apply.
 
  What will be an ideal response?

Question 2

Compare the trespass doctrine with the privacy doctrine in defining Fourth Amendment searches.
 
  What will be an ideal response?



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

Liddy

  • Sr. Member
  • ****
  • Posts: 342
Answer to Question 1

Anything an officer discovers by means of the ordinary senses is not protected by the
Fourth Amendment. Citizens can not realistically have any expectation of privacy in
what they have exposed.
Plain-view searches are really nonsearches because in them, officers discover by
means of their ordinary senses information that citizens have openly exposed to the
public.
According to the text, the plain view doctrine only applies if three conditions are met at
the time evidence is discovered. First, the officers must have a legal right to be where
they are at the time. Second, the officers cannot enhance their ordinary senses with
advanced technology. Finally, the officers' discovery of the evidence to be seized must
be by chance.

Answer to Question 2

Until the late 1960s, the Supreme Court defined searches under what was called the
Trespass Doctrine. According to this doctrine, to be a search officers had to
physically invade a constitutionally protected area.. Constitutionally protected areas
were the places named specifically in the Fourth Amendment: persons, houses,
papers, and effects. Nontangible items not falling within the places named in the
Fourth Amendment were not protected under the Trespass Doctrine.
In 1967, the Trespass Doctrine was replaced with the Privacy Doctrine. According
to this doctrine, the Fourth Amendment protects persons, not places, whenever the
persons have an expectation of privacy that society is prepared to recognize as
reasonable. Thus, under this doctrine, the Supreme Court decided that a telephone
conversation could be the subject of an unreasonable search and seizure, a position
previously rejected by the Trespass Doctrine.




WhattoUnderstand

  • Member
  • Posts: 517
Reply 2 on: Aug 16, 2018
Thanks for the timely response, appreciate it


vickyvicksss

  • Member
  • Posts: 351
Reply 3 on: Yesterday
Wow, this really help

 

Did you know?

Carbamazepine can interfere with the results of home pregnancy tests. If you are taking carbamazepine, do not try to test for pregnancy at home.

Did you know?

To maintain good kidney function, you should drink at least 3 quarts of water daily. Water dilutes urine and helps prevent concentrations of salts and minerals that can lead to kidney stone formation. Chronic dehydration is a major contributor to the development of kidney stones.

Did you know?

The lipid bilayer is made of phospholipids. They are arranged in a double layer because one of their ends is attracted to water while the other is repelled by water.

Did you know?

In inpatient settings, adverse drug events account for an estimated one in three of all hospital adverse events. They affect approximately 2 million hospital stays every year, and prolong hospital stays by between one and five days.

Did you know?

About 100 new prescription or over-the-counter drugs come into the U.S. market every year.

For a complete list of videos, visit our video library