Plain View Doctrine

The “plain view doctrine” is a common law doctrine that permits the warrantless seizure of things in plain view. To engage this doctrine requires the satisfaction of 3 conditions:

  1. the seizing officer must be lawfully in the place of seizure
  2. the evidentiary nature of the item must be immediately apparent to the officer through the unaided use of his or her senses; and
  3. the evidence must be discovered inadvertently.

William Poulos, Barrister

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