Understanding the Plain View Doctrine and How it Applies

The plain view doctrine is not governed by the fourth amendment. The in plain view doctrine can be one of the most incriminating ways that law enforcement officers find and obtain evidence used in criminal cases. When evidence left in plain view is seized, it can be done without probable cause or obtaining a warrant. Before continuing, I want to clarify what probable cause means in this doctrine. Probable cause is clearly defined as known facts that could lead a reasonably prudent person to draw conclusions about known facts and a standard of evidence that triggers official action by law enforcement officers.

There are six elements which must be met to satisfy the seizure of evidence.

The first requirement states that the law enforcement officer must be in a legal capacity or position to come across the said evidence in plain view. In other words the law enforcement officer must be at the scene either arresting the person, executing a search warrant or other legal circumstances.

The second requirement states that the law enforcement officer must actually observe the item of evidence with their own eyes or other senses. If the law enforcement officer has reason to believe that the evidence in question is not within plain view they must obtain a search warrant. They cannot begin searching without a warrant based on mere suspicion. The officer must not have done anything illegal to get into the position to view the evidence in question.

The third requirement states that the law enforcement officer must observe the item in plain view. If necessary the law enforcement officer may use a flashlight to assist them in their search provided the item is in the open. It is prohibited to open a closed container unless they have a warrant to do so. Under this requirement, the item must be "immediately apparent". The law enforcement officer must not pry or examine items or areas that do not immediately reveal the evidence in question. The law enforcement officer cannot just have a hunch regarding the evidence. The law enforcement officer cannot assume that an item is stolen and check serial numbers without a warrant.

The fourth requirement states that the law enforcement officer may not intrude or invade the privacy of any person under the reasonable expectation of privacy as it applies to the Constitution.

The fifth requirement states that the law enforcement officer must have probable cause to believe that the evidence in question falls into one of the categories:

The evidence is believed to be stolen or embezzled property.

The evidence was used to commit crimes, typically a weapon.

The evidence is illegal in nature such as drugs.

The evidence will assist law enforcement officers in the arrest or conviction of an arrestee.

The sixth requirement states that the law enforcement officer did not plan on observing the evidence. However, the plain view doctrine does not apply when the discovery of evidence may be anticipated. Under emergency circumstances warrants are not needed, as in arson cases it is essential to find crucial evidence.

Scenarios that the plain view doctrine applies to:

The law enforcement officer may use the plain view doctrine in scenarios such as traffic stops, search warrants, vehicle inventory, or conducting an investigation.