Quote:
Originally Posted by Murf993
Quote:
Originally Posted by Sedan_Clan
It's exactly that, and the courts allow for it. Observing what is in plain sight (..e.g. doesn't require the officer to manipulate or open anything, although center consoles do get checked because they are readily accessible.) isn't a search as the courts/case law defines it.
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R v Shea in Canada, the plain sight doctrine. Comes from the police attending a home a million years ago, they were there for a domestic if I recall and there was drugs and paraphernalia in plain sight on the coffee table, arrest no warrant required. Same goes for cars etc. If you're dealing with someone lawfully and see something in plane view it's fair game. Things have become much more rigid now, so sometimes we have to get a warrant for a car unless we have some exigency. I'm glad to be retired....did I mention I'm retired.  |
We've also got
Arizona v. Gant,
U.S. v. Carroll and
California v. Acevedo. Plenty of case law to help get into vehicles.