plainview doctrine

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Feb 20, 2024

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POLICE POLICY AND CRIMINAL PROCEDURE Police Policy and Criminal Procedure Shelby Sanchez JUS – 441 Professor Estrada 1

POLICE POLICY AND CRIMINAL PROCEDURE Arizona v Hicks The supreme court case, Arizona v Hicks in 1987 references both the fourth and fifth amendment. This case is about a man who fired a bullet in the floor of his apartment which ended up injuring the resident below him. Police were investigating the shooting when they entered the shooter, Hick’s residence without a warrant (Oyez, 2016). Upon entering they found weapons and presumably stolen stereo equipment which the officers seized after learning from headquarters that his suspicions were correct. The supreme court ruled that the search and seizure of the stolen stereo equipment violated both the fourth and fifth amendment rights of Hicks. The reasoning behind why the supreme court ruled the search and seizure violated these rights was because the officer had reasonable suspicion instead of probable cause to believe the stereo was stolen (Oyez, 2016). Plain-view and Probable Cause The “plain-view” doctrine gives police officers the right to seize objects not written in the warrant when completing a search and seizure if they observe the object in “plain-view” and they have probable cause to believe it is connected with criminal activity. Once the officer has rightly and legally viewed contraband the owner’s privacy in the item is lost. If the evidence is in a container it cannot possibly be identified by “plain-view” or touch therefore will not be acceptable to seize unless previously listed on warrant (Justia: US Law, 2019). Probable cause is essential in the fourth amendment before police make an arrest, obtain a warrant, or conduct a search and seizure (Cornell Law School, 2019). The justice system discovers probable cause when there is a rational foundation to imagine a crime may have been 2

POLICE POLICY AND CRIMINAL PROCEDURE committed or when the evidence of the crime exists in a dwelling where a search is being conducted (Cornell Law School, 2019). The supreme court tries to specify the meaning of probable cause even though this is a concept that is very dependent on context of the situation. Probable cause requires facts and evidence that would lead a reasonable person to believe the suspect has committed a crime (Cornell Law School, 2019). Adoption affect Public Policy Public policy is what the government does or does not do about a problem that comes before them for possible action (Brikland, 2011). These public policy problems are those that must be addressed by regulations and laws adopted by the government. The adoption of the Henderson case can affect public policy in regard to law because these would change the specific legislation and defined provisions of constitutional or international law. The Henderson case, changed the “plain view” doctrine to allow police officers to seize on less than probable cause, any items they happen to see that is in “plain view”. The public policy for the “plain view” doctrine would change to allow these provisions, as the Supreme court saw the need to allow the new case, New York v. Henderson to be the representing case for “plain view” doctrine. Agency Disagrees If the state courts, policing agencies, and jurisdictions disagree with the Henderson case they are allowed to provide more procedural safe guards as inferred in the Arizona v. Hicks case. For instance, Ohio supreme court ruled that an affidavit by a police officer saying they observed marijuana plant growing in a backyard was enough to provide probable cause for a judge to conclude there was marijuana in the residence. While some jurisdictions and courts might follow the affidavit approach others impose a higher standard. An example of a higher standard would be the Commonwealth v. Upton case that gives more protection to criminal defendants than the 3

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POLICE POLICY AND CRIMINAL PROCEDURE Fourth Amendment in determining probable cause. In this specific case, the court felt that an affidavit from an anonymous telephone tip whose reliability was not known did not give probable cause to issue a warrant to search a mobile home. For the most part, the way a policing agency wants to interpret the laws and amendments is at their discretion as long as they follow the laws up until they are given freedom for interpretation. Therefore, as far as probable cause goes the lower federal courts can decide what negates probable cause whether it is an affidavit or evidence to show probable cause exists. Interpretations Jurisdiction is the power to exercise authority over persons and things within a territory. Different jurisdictions already follow different interpretations of the “plain view” doctrine. Some jurisdictions are more strict on their views, while others allow the minimum requirements to be followed. It just depends on the society, police officials, and the history of how past cases have handled within their jurisdiction on “plain view” policy doctrines. If the interpretations of the “plain view” doctrine would create problems between the jurisdictions then there would need to be changes within the public policy that would create a concrete foundation for what can and cannot be done in regard to the “plain view” doctrine. However, if serious issues arise concerning differences between the doctrine, the Supreme court has original jurisdiction to hear disputes between states. Therefore, the Supreme Court has the final say on the case and the rulings that will be applied (Federal Judicial Center, 2019) . 4

POLICE POLICY AND CRIMINAL PROCEDURE Bibliography Brikland, T. A. (2011). Public Policy. Project Citizen . Cornell Law School. (2019). Plain View Doctrine. Legal Information Institute . Federal Judicial Center. (2019). Supreme Court. Jurisdiction: Original, Supreme Court . Justia: US Law. (2019). Plain View Doctrine. Fourth Amendment of the US Constition . Oyez. (2016). United States Cases . 5

plainview doctrine

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