Plain View Doctrine

The plain view doctrine allows an officer to seize – without a warrant – evidence and contraband found in plain view during a lawful observation. This doctrine is also regularly used by TSA Federal Government Officers while screening persons and property at U.S. airports.

For the plain view doctrine to apply for discoveries, the three-prong Horton test requires:

  1. the officer to be lawfully present at the place where the evidence can be plainly viewed,
  2. the officer to have a lawful right of access to the object, and
  3. the incriminating character of the object to be “immediately apparent.”

In order for the officer to seize the item, the officer must have probable cause to believe the item is evidence of a crime or is contraband. The police may not move objects to get a better view. In Arizona v. Hicks, 480 U.S. 321 (1987), the officer was found to have acted unlawfully. While investigating a shooting, the officer moved, without probable cause, stereo equipment to record the serial numbers. The plain view doctrine has also been expanded to include the sub doctrines of plain feel, plain smell, and plain hearing.

In Horton v. California 496 U.S. 128 (1990), the court eliminated the requirement that the discovery of evidence in plain view be inadvertent, a requirement that had led to difficulties in defining "inadvertent discovery."

Famous quotes containing the words plain, view and/or doctrine:

    “Many a promising career has been wrecked by marrying the wrong sort of woman. The right sort of woman can distinguish between Creative Lassitude and plain shiftlessness.”
    —Robertson Davies (b. 1913)

    “There has been and always will be plenty of arguments about the usefulness and harm of the spreading of the Bible. In my view the Bible will continue to cause harm when used in a dogmatic and fantastic manner; it will do good when used for didactic purposes and with sensitivity.”
    —Johann Wolfgang Von Goethe (1749–1832)

    “When the doctrine of allegiance to party can utterly up-end a man’s moral constitution and make a temporary fool of him besides, what excuse are you going to offer for preaching it, teaching it, extending it, perpetuating it? Shall you say, the best good of the country demands allegiance to party? Shall you also say it demands that a man kick his truth and his conscience into the gutter, and become a mouthing lunatic, besides?”
    —Mark Twain [Samuel Langhorne Clemens] (1835–1910)