Case Study: Why Can Plain-View Searches Be Called Non-Search
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1. Why can plain-view searches be called non-searches? Identify and describe the situations when the three conditions of the plain-view doctrine apply. Plain view searches occur when an officer uses ordinary senses such as touching, hearing, seeing and smelling to discover evidence or contraband, while under lawful observation. In such a situation, the police officer has the right to seize the item with incriminating value without prior warrant or authority. It occurs in the plain view; it is not among the clause of a search in the fourth Amendment and it is discovered by means of senses. In order for the plain-view search to be used, three conditions must be met, 1) the officer is located in a location he/she is legally authorized to be,…show more content… The arrest is characterized by the officers taking the suspect to the police station. Here, they take the suspect’s details and fingerprint, search them, interrogate and lock them up in a cell. A stop only lasts few minutes and it happens either on the streets or public places (in the presence of people). Stops do not require the officers to take the suspects details whereas arrests require documentation. If there is contact between a suspect and the police during a stop, it is very minimal and one does not lose their freedom. An arrest causes embarrassment, loss of freedom and jobs among other issues. Arrests are zones because they require resources for an act to take place whereas a stop requires a point. Also, most stops do not get written up, where as an arrest is documented. Stops rarely consist of even a frisk if any contact is made. Finally, a stop does not involve a loss of liberty. An arrest may cause embarrassment, loss of job/pay, and other issues to the accused. Arrests are zones and not points because the act of an arrest consists of a much greater focus of resources in the criminal justice process. Also, an arrest may result in imprisonment, where a stop is merely a question or two. A full custodial arrest must be based on probable cause. The duration of a full custodial arrest can last from hours to a few days. The location of full custodial arrest begins on the street or other public or private places but usually results in removal to a police station. Full custodial arrests differ from stops in two important respects. The first is duration. Stops are measured in minutes; full custodial arrests can last hours and sometimes, even days. The second respect in which the two differ is location. Stops begin and end on the streets and in other public places. Arrestees are taken to local police departments and jails. Not all arrests are equally