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Look But Don't Touch: The Plain View Doctrine

NCJ Number
112646
Journal
FBI Law Enforcement Bulletin Volume: 56 Issue: 12 Dated: (December 1987) Pages: 17-24
Author(s)
K A Kingston
Date Published
1987
Length
8 pages
Annotation
The 'plain view' doctrine was officially recognized by the U.S. Supreme Court in the 1968 case, Harris vs. the United States.
Abstract
In this case, the plurality opinion recognized that law enforcement officers must be in a lawful position when they inadvertently come across an item, of which the evidentiary value is immediately apparent. If probable cause to believe that an item is evidence of a crime cannot be established without making some additional intrusion, no matter how slight, then the search and seizure of that item cannot be justified under the 'plain view' doctrine. In Arizona vs. Hicks, stereo equipment was seized pursuant to a search warrant, but the serial numbers that provided the probable cause basis to support the warrant were obtained following an initial warrantless entry into the defendant's apartment due to exigent circumstances. To determine if the stolen stereo components were properly seized, the U.S. Supreme Court focused on the initial search that had revealed the serial numbers. While accepting that officers in this case were lawfully present in the apartment, the court found that the concealed serial numbers were not in 'plain view' because the components had to be moved to reveal them. The court also considered whether the plain view doctrine could sustain seizure of the stereo equipment itself. Because the State had previously conceded that the officers merely had a reasonable suspicion, not probable cause, to believe the equipment was stolen, the Court declared the search unlawful, and the evidence was suppressed. 59 footnotes.