Plain view doctrine
Legal doctrine for police searches in the United States / From Wikipedia, the free encyclopedia
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In the United States, the plain view doctrine is an exception to the Fourth Amendment's warrant requirement[1] that allows an officer to seize evidence and contraband that are found in plain view during a lawful observation. The doctrine is also regularly used by Transportation Security Administration (TSA) officers while screening persons and property at U.S. airports.[2]
For the plain view doctrine to apply for discoveries, the three-prong Horton test requires that:[3]
- The officer is lawfully present at the place where the evidence can be plainly viewed
- The officer has a lawful right of access to the object
- The incriminating character of the object is immediately apparent