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#41 |
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#42 | |
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Tri-State Aficionado
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The plain view doctrine allows an officer to seize without a warrant, evidence and contraband found in plain view during a lawful observation. In order for the officer to seize the item, the officer must have probable cause to believe the item is evidence of a crime or is contraband. The police may not move objects to get a better view. In Arizona v. Hicks 480 U.S. 321 (1987), the officer was found to have acted unlawfully. While investigating a shooting, the officer moved, without probable cause, stereo equipment to record the serial numbers. The plain view doctrine has also been expanded to include the sub doctrines of plain feel, plain smell, and plain hearing.[1] In Horton v. California 496 U.S. 128 (1990), the court eliminated the requirement that the discovery of evidence in plain view be inadvertent. Previously, "inadvertent discovery" was required leading to difficulties in defining "inadvertent discovery." A three-prong test is now used. The test requires the officer to be "engaged in lawful activity at the time," "the object’s incriminating character was immediately apparent and not concealed," and "the officer had lawful access to the object and it was discovered accidentally."[2]
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#43 |
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Tri-State Aficionado
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The cop was alone in the situation, had no back up, and should of tried to control the guy before pulling out the tazer. I see it has alittle quick to tazer someone but border line legal.
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1970 chevelle 350 weekend car. 3 years of work. To view links or images in signatures your post count must be 10 or greater. You currently have 0 signatures. |
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#44 | |
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Its called ratings, of course they will have "analysts" on that play to peoples emotions by reinforcing a general fear of authority. It will keep people glued to the TV. I remember not to long ago the same channel had guests on discussing the legality of a law suit by one of the Rutgers girls against Imus. Everyone except one person said the same thing, she will win. Wrong, she dropped the case because it was going to be thrown out.
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