Question

Describe the plain view and public view doctrines in relation to the police and documents.

Answer 1

Plain view doctrine allows a police officer to seize the items not described in the search warrant, which are in plain view and he /she might think it to be involved in criminal activities.

For invoking the plain view doctrine, it shoudl be established that

(a) The law enforcement officer was in lawfully viewing area.

(b) The item can't be in plain view in an area prohibited by the constitution.

(c) Discovery of susch item was inadvertant.

(d) The officer must have probable cause to believe that the item was related to a criminal activity.

Public view doctrine is not protected by the fourth amendment, and an item that is in public view, outside the curtilage of a property owner, can be seized by the law enforcement officer without any warrant and probable cause.