The Plain View and Plain Feel Doctrines
The plain view and plain feel doctrines are additional exceptions to the warrant requirement.
The plain view doctrine states that:
a) An officer can seize contraband or evidence they can see in plain view during a lawful observation.
b) The officer can obtain this contraband or evidence without a warrant as it is in plain view, where anyone could see it.
c) If the officer had to move things to find it, then it is no longer in plain view, and therefore, it can no longer be seized lawfully.
The plain feel doctrine states that if an officer has reasonable suspicion of a person, he may do a pat down search, and may seize any object whose mass or contour makes it apparent that it is contraband or evidence. Such evidence can be used against you in court if the officer truly had "reasonable suspicion."
Posted by: J. Michael Threadgill on 2/19/2008
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