The U.S. Constitution offers several protections from government overreach. One such protection is enshrined in the 4th Amendment which requires law enforcement to base any search and seizure on a valid warrant or probable cause. In plain English, the 4th Amendment protects you from unreasonable search and seizure. But does this mean that the police must always obtain a warrant before searching your property?
However, the courts have created certain exceptions to the 4th Amendment. One such exception is known as the plain view exception. So what is the plain view and how does it work?
Understanding plain view
The doctrine of plain view is pretty straightforward. Basically, the police can search and seize any criminal act or evidence that is in their “plain view” without a warrant or probable cause. In other words, this doctrine allows law enforcement to seize any contraband that they find openly laying around while conducting a lawful observation.
This doctrine is commonly applied in the interest of public safety. For instance, if law enforcement, while conducting a routine traffic stop notices drugs in your car seat, they may seize and use such evidence against you in court without a warrant. Likewise, if TSA agents notice a gun while screening your luggage, they will not need a warrant to seize it.
The elements of the plain view exception
To search and seize property that is in plain view, the following elements must be met:
- The police must be lawfully present at the scene where the criminal act or evidence in question can be plainly viewed. In a home setting, this means that the police must have had a warrant or consent from the property owner for a non-related search.
- The evidence must be clearly observable in plain view
- The incriminating or criminal nature of the evidence must be clearly apparent
Protecting your rights
Generally, the 4th Amendment protects you from unlawful search and seizure with a few exceptions. Find out how you can safeguard your rights and interests when charged with a crime.