See also Horton v. California , U.
The Gonzales ruling, however, only applies to subsequent cases. The Coolidge standard still applies to plain view cases that occurred in New Jersey before the ruling in State v. Going forward, the first requirement in New Jersey for plain view searches is that 1 the observation of the item must be made from a permissible vantage point. Normally, the police must have a traditional search warrant established upon probable cause to search an area.
Plain view applies when, during a lawful search, they observe some other incriminating object.see url
Plain View (MP3)
The main issue with plain view is that the police must have a lawful reason to be in the viewing area. The police either need to have a valid warrant based on probable cause or exigent circumstances or some other valid warrant exception to justify a permissible vantage point for a plain view seizure.
However, in the case of a motor vehicle stop, as long as the police can establish that the stop was valid, then the plain view exception will apply. Nonetheless, the police must be within a valid viewing area, typically outside of the car. Even poking a head inside the vehicle could be considered a warrantless search and invalidate any subsequent plain view claims.
in plain sight
The important factor is that there has already been a legal intrusion into reasonable privacy expectations through a warrant or a warrant exception. Plain view alone does not justify a prior illegal intrusion to make a warrantless seizure of the evidence. The first requirement is especially important in the context of a home or private residence.
Police who lawfully enter a private residence or other dwelling may seize contraband or evidence observed in plain sight.
Cops' troubling Facebook posts revealed | In Plain View | Injustice Watch
See State v. Cope , N. Josey , N. O'Donnell , N.
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The plain view doctrine will not apply when a cop has no right to enter a private residence. Lewis , N. Wright, N. Earls , N. Jefferson , N. However, there are plain view cases in which there has been no prior intrusion. These usually apply to searches when the police view something from the outside looking in.
The question is whether they were lawfully in the viewing area? For example, in the case of State v. Mann , N. The Court reasoned that the cop "was lawfully in the viewing area and, when he observed the drugs, he had probable cause to associate the bags of suspected drugs with criminal activity. O'Herron , N. The police made plain view observations from outside the home, but immediately entered and seized the plants.
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Because they had probable cause and did not go through the proper procedure of getting a warrant first, the court suppressed the evidence. We are beyond stoked to be a part of this show. Party on the beach!
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