Police Officers and Plain View
The Plain View exception to the warrant requirement may occur in drug crimes or when pulled over for a traffic stop. For the prosecutors and the police to use the plain view exception to the warrant requirement, here are the general rules. Otherwise, the evidence seized could be thrown out of court.
Plain view seizures of evidence are justified, on 3 conditions: (a) the police officer must be there lawfully where he can plainly view the evidence; (b) the officer must have a lawful right to the evidence itself; and (c) it must be immediately apparent the item is illegal.
1. Police Must Be on Premises Lawfully
Once police officers are lawfully on your premises, they may legally seize any contraband or evidence of a crime which falls within their "plain view."
2. Plain View Applies to Cars as Well as Homes
If a police officer lawfully stops a vehicle, or the car is in police custody after being impounded for a DUI, items in the vehicle which fall within the plain view of the officer can be seized and booked into evidence.
3. Plain View Applies to Pat-Down Searches
A police officer may seize evidence discovered in a pat-down search if the object's incriminating nature is immediately apparent to the officer's sense of touch.
4. Plain View Doctrine Applies To Protective Sweeps
Evidence found in plain view during a protective sweep after a valid arrest warrant has been served is admissible.
If you or someone you know has been unfortunate enough to have the police search and seize your property with or without a warrant and criminal charges in California are the result, contact the experienced attorneys at Gold, Leftwich & Wagner today for a free consultation.