POLS 4720 Lecture Notes - Lecture 21: Reasonable Suspicion, Exigent Circumstance, Alaca
Document Summary
In order for something to be seized in plan view (all three): Incriminating character of the object must be immediately apparent. Officer must have lawful right to seize object. Police had search warrant to search an apartment for jewelry stolen in an armed robbery. The detective knew weapons were used in robbery and suspected them to be in the home, but weapons were not listed in warrant. Does(cid:374)(cid:859)t (cid:373)atte(cid:396) if offi(cid:272)e(cid:396) suspe(cid:272)ted that he (cid:373)ight fi(cid:374)d the (cid:449)eapo(cid:374)s during search as long as the officer meets the requirements for plain view. Bullet was fired through the floo(cid:396) of (cid:396)espo(cid:374)de(cid:374)t(cid:859)s apa(cid:396)t(cid:373)e(cid:374)t, st(cid:396)iki(cid:374)g a(cid:374)d i(cid:374)ju(cid:396)i(cid:374)g a man below. Officers enter to search for shooter, for victims, and for weapons. They found and seized three weapons, including a sawed-off rifle and stocking mask. One of the officers noticed expensive stereo components which seemed out of place in the squalid apartment.