Question

In which of the following situations would plain view not apply?

a) an officer is executing an arrest or search warrant
b) an officer has secretly entered the suspect's home
c) an officer is in a public place
d) an officer has consent to enter a residence

Answer 1

Plain view doctrine does not apply if an officer secretly enters a suspect's home because it would constitute an illegal search.

Step-by-step explanation:

The plain view doctrine allows law enforcement officers to seize evidence without a warrant if it is in plain sight during a lawful observation. This doctrine would not apply if an officer has secretly entered the suspect's home, as this would be an illegal search that breaches the reasonable expectation of privacy.

Situations in which the plain view doctrine does apply include when an officer is executing an arrest or search warrant, when the officer is in a public place, or when the officer has obtained consent to enter a residence.