Which doctrine permits officers to notice and use as evidence items that are visible to them when they are in a location that they are permitted to be quizlet?

Which doctrine permits officers to notice and use as evidence items that are visible to them when they are in a location that they are permitted to be quizlet?

Court discussed the plain view doctrine, which permits officers to notice and use as evidence items that are visible to them when they are in a location where they are permitted to be, a public sidewalk. The Court forbids random stops of vehicles by officers on patrol. You just studied 18 terms!

What is the good faith doctrine?

If officers had reasonable, good faith belief that they were acting according to legal authority, such as by relying on a search warrant that is later found to have been legally defective, the illegally seized evidence is admissible under this rule.

What is plain view in law?

Plain view doctrine is a rule of criminal procedure which allows an officer to seize evidence of a crime without a warrant when the evidence is clearly visible. This doctrine acts as an exception to the Fourth Amendment’s right to be free from searches without a warrant.

What is the plain view doctrine quizlet?

The plain view doctrine states that items that are within sight of an officer who is legally in the place from which the view is made may properly be seized without a warrant- as long as such items are immediately recognizable as a subject to seizure.

What does the exclusionary rule do?

Overview. The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. The decision in Mapp v. Ohio established that the exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment.

Are the Miranda rights in the Bill of Rights?

Answer: The Miranda rights, the U.S. Constitutional basis for them are in the Fifth Amendment and the Sixth Amendment of the U.S. Constitution. And also the Sixth Amendment right to have counsel when they are under arrest, when they are suspected of a crime; the Sixth Amendment right to have protection of counsel.

What is the Carroll Doctrine?

That became known as the Carroll doctrine: a vehicle could be searched without a search warrant if there was probable cause to believe that evidence is present in the vehicle, coupled with exigent circumstances to believe that the vehicle could be removed from the area before a warrant could be obtained.

What is the silver platter doctrine?

United States, the Court outlawed what had come to be known as the “silver platter” doctrine, which allowed evidence that state and local police had unconstitutionally seized to be handed over for use in federal criminal trials, when the police acted independently of federal agents.

What are the 3 elements necessary for the plain view doctrine to be used?

H t t t th th diti hi h t b ti fi d i d t h ld i d Horton sets out the three conditions which must be satisfied in order to uphold a seizure under the plain view doctrine: (1) the item must be in plain view of the officer, (2) the officer must lawfully be in the place where he discovered the evidence, and (3) the …

What are the three primary requirements of the plain view doctrine?

Which of the following describes the plain view doctrine quizlet?

the requirement that police can only make a misdemeanor arrest if the crime was committed in the officer’s presence. Which of the following describes the plain view doctrine? Police can seize evidence in plain view of a legal vantage point.

What is meant by exclusionary evidence?

Legal Definition of exclusionary rule : any of various rules that exclude or suppress evidence specifically : a rule of evidence that excludes or suppresses evidence obtained in violation of a defendant’s constitutional rights — see also fruit of the poisonous tree, good faith exception, Mapp v.