Why can plain-view searches be called nonsearches? Identify and describe the two types of plain-view searches and the conditions and restrictions for each.

A

Defined by Bloom (2003, p. 14) and Ducat and Harold (1992, p. 28) as “exception to the warrant requirement will not apply if the officer has made an improper search (invalid warrant, no probable cause, etc.) or arrest,” plain view doctrine has generated intense criticisms in legal circles for long periods. Plain view searchers can be called no-searchers because initial intrusions made by officers must be lawfully done. This illustrates that an officer must be in a vantage position to spot contraband or subject to seizure and as such cannot use the plain view as a pretext.

The first type of plain view search is search undertaken by staff and faculty members in educational institutions. In these types of plain view searchers, the government treats these officers as agents and less stringent standards apply. The second type of plain view searchers involves officers gaining entry into a building for emergency purposes. However, the condition for restriction is that the officers must have sufficient evidence to prove that the items observed may be of evidence of a crime.

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Academic.Tips. "Why can plain-view searches be called nonsearches? Identify and describe the two types of plain-view searches and the conditions and restrictions for each." May 2, 2020. https://academic.tips/question/why-can-plain-view-searches-be-called-nonsearches/.

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