What is the plain view search and seizure?

http://www.carlsonmeissner.com/practice-areas/criminal-defense-lawyers.aspx 1-800-529-5655 Criminal Defense Attorney Kevin Hayslett explains what we should know about search warrants.

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.