Hi, I'm attorney Kevin Hayslett, and the question is what are some of the
the exceptions to a search warrant for a lawful search
and what is the plain view doctrine.
The plain view doctrine, sometimes called a plain view seizure,
allows law enforcement to search and obtain substances if they view
it within their plain view, and they can substantiate
to a judge, that when they viewed it, they knew it to be illegal.
What does that mean?
Police officer is walking by your car. You were in your car,
you were not doing anything illegal, there's no basis for a traffic stop and no basis
for him to arrest you, but through your open window
law enforcement looks in and sees on the back of your seat what appears to be a kilo of cocaine.
Well, if law enforcement can articulate to
a judge that in his training and his experience, the way the item was packaged, what he observed,
the markings on the package, the size of the package, was consistent
with his training and experience, as cocaine.
That would allow him to a plain view seizure. That means
take, grab, obtain that substance and confirm
that it is, or is not cocaine.
If it is confirmed to be cocaine, and you're within a distance
for which him to establish dominion or control, he can seize
the cocaine and arrest you for possession of cocaine.
Another example might be that law enforcement
is walking by your property. In your backyard you have
marijuana plants growing, he can observe it in plain view.
Remember, in order to have the plain view doctrine, law enforcement must
lawfully be in the position that they're in when they make a
plain view seizure. That means they cannot be trespassing
on your lawn, they can't be coming into your home
without a warrant, they can't be in a place that they don't have a legal right
to be in when they make the plain view seizure.
So, if they are standing in a public sidewalk, they observe
in plain view in your backyard, marijuana plants,
and based upon their training and experience, they recognize
the plants, that will allow them to make a plain view seizure.
This is an exception to the warrantless search and seizure
in order to obtain and seize that contraband, an illegal substance
to determine whether or not their belief that it was illegal
is correct, and if it is, and they can connect you to the contraband
it can also result in arrest.
So plain view seizure or the plain view doctrine allows law enforcement
if they are lawfully in a position or a place to be
to make an observation and if they can articulate, at the time they
look at the substance or the item, that it is illegal or a contraband
they can seize it even without a warrant and that may
justify an arrest. Hopefully that explains to you what the plain view doctrine is.