Legal Issues

Search warrant exceptions are specific situations where a police authority can obtain an item or evidence which is believed to be associated with unlawful or criminal activity without initially acquiring a search warrant. The importance of these exceptions is easy to understand. Threat to life and property increases as time delays. If an officer decides to obtain a warrant before hand, such decisions can lead to destruction of evidence, escape of criminals and death. Search warrant exceptions are provided to be a backbone of the law for fully ensuring justice to all citizens. There are several areas covered by these exceptions and they are the following exigent situation, stop and frisk, search incident to arrest, custodial, plain view, vehicle, border, open fields, abandoned property, consent, administrative, probation search, and protective sweep.  We will be dealing with plain view warrant exceptions.

Search warrant exceptions are based on probable cause and it is important that all police authorities understand the very basis of the exception. It is also important that the public is aware of these exceptions in order to facilitate better understanding of the law. Below is a real life scenario of a plain viewvehicle search warrant exception

In the evening of January 2009, three police officers were patrolling around the plaza of Los Angeles. As they were patrolling, one officer noticed five guys huddling around near a dark corner with what appears to be pot session. These guys were also noticed to have some sort of long weapon which was identified to be a rifle. The three police officers decided to go near them and ask a few questions. While moving in, one of the five guys noticed the police vehicle going near them and suddenly went on to hid something in their car. The police officers quickly moved in and the five guys were standing awkwardly. The officers asked a few questions and then inquired if they can take a look inside the car. Feeling relaxed, one of the guys agreed and told the police officers to take a quick look in the car. Upon looking, they saw nothing in the front seat but the officer smelled some marijuana coming off from the backseat. They moved in to search a bit more and later discovered 3 kilos of marijuana tucked in the back seat. They arrested the five guys and brought them to the station. (LA Times, 2009)

A quick analysis of the scenario will lead us to the fact that what the officers did was under the search warrant exception. Had they chosen to get hold of a warrant to search the vehicle first and left, then the guys would have escaped with the kilos of marijuana. It was also good that one of the guys gave out a verbal consent regarding the search inside the car. With regards to the rifle spotted, it was found hidden on the side of the dark corner where they found the five guys. This is a basic scenario of search warrant exception that took place last year. There a lot of similar cases with this one. Here is a short list of real cases that are similar with our scenario and some exceptions as well

Applying the rationale of plain view to discoveries made through the other senses, the Supreme Court has ruled that where the contraband or evidentiary nature of an item is immediately recognizable by officers during lawful activities, the item may be seized, even though not in plain view at that moment. Examples plain feel of rocks of cocaine during lawful pat-down of clothing (Minnesota v. Dickerson) plain smell of marijuana odor emanating from a package (U.S. v. Place) plain shape of a gun case (Henry v. U.S.) and plain hearing of incriminating conversations (Hoffa v. U.S.).