Question

If, during a lawful warrantless search, items which are immediately apparent to be evidence of crime are discovered, can those items be seized under the plain view doctrine of warrantless seizure even if they are unconnected to the evidence and/or crime(s) which were the original justification for the warrantless search?

Answer 1

Lawfully seized items under the plain view doctrine during a warrantless search can be used as evidence if the search itself was legal.

Step-by-step explanation:

Under the plain view doctrine, if items are immediately apparent as evidence of a crime during a lawful warrantless search, they may indeed be seized even if unconnected to the original justification for the search.

This search might occur under exceptions such as consent, exigent circumstances, or if there is no reasonable expectation of privacy. The Fourth Amendment requires that a warrant be obtained for searches and seizures, with probable cause to believe that a crime has been committed or evidence will be found.

Nevertheless, the exclusionary rule mandates that evidence obtained in violation of the Fourth Amendment is inadmissible in court, but this rule has exceptions such as the good faith and inevitable discovery doctrines. Any subsequent evidence discovered as a result of an illegal search or seizure is also excluded, known as the 'fruit of the poisonousThe Fourth Amendment requires a warrant for search and seizure, subject to exceptions, and evidence obtained illegally is typically inadmissible in court due to the exclusionary rule. tree' doctrine.