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An officer lawfully present in a given location who sees in plain view an item which is immediately apparent to be evidence of a crime may seize that item without a warrant provided no further intrusion upon a constitutionally protected area or reasonable expectation of privacy is required in order to accomplish the seizure?

User NealVDV
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Final answer:

The 'plain view doctrine' allows an officer to seize evidence without a warrant if it's in plain sight and the officer lawfully entered the area, as long as the incriminating nature of the items is immediately clear. This is an exception to the Fourth Amendment, which generally requires a warrant based on probable cause. The exclusionary rule prevents the use of illegally obtained evidence in court.

Step-by-step explanation:

The principle that an officer can seize items in plain view without a warrant, provided the initial presence of the officer was lawful, is a well-established exception to the Fourth Amendment's search and seizure rules. This is predicated on the fact that the officer did not violate any 'reasonable expectation of privacy' and that the incriminating nature of the item was readily apparent. The plain view doctrine represents a situation where the protection of the Fourth Amendment does not extend due to the lack of any intrusion on privacy.

Further constitutional protections against unreasonable searches and seizures ensure that warrants are typically required, based on probable cause, and must particularly describe the place to be searched and the items to be seized. Exceptions to this requirement include exigent circumstances, consent given by the person in control of the property, and items or activities observed from a place where the officer has a right to be. Cases like Terry v. Ohio highlight circumstances where searches and seizures can be lawfully conducted without a warrant if there are specific, reasonable suspicions.

The exclusionary rule ensures that evidence obtained through illegal searches or seizures, or any derived evidence, cannot be used in court. Such protections safeguard the Fourth Amendment rights and maintain constitutional law integrity in criminal proceedings.

User Montycarlo
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