Getting Touchy-Feely: Application of the Plain View Doctrine to Plain Touch, Plain Smell, and Plain Hearing Situations by the United States Courts of Appeal and District Courts

• NCJ Number: 230284
• Journal: Criminal Justice Studies Volume: 23 Issue: 1 Dated: March 2010 Pages: 3-20
• Author(s): Valerie Bell; Craig Hemmens; Nichole Gerhard
• Date Published: March 2010
• Length: 18 pages
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

This paper reviews the development of the plain view exception, as it relates to the fourth amendment and search warrants, and its expansion to 'plain touch,' 'plain smell,' and 'plain hearing' situations, and analyzes and categorizes the decision of the lower Federal courts in an effort to provide an overview of the status of the law.

Abstract

The plain view doctrine allows police officers to seize contraband they see without first obtaining a search warrant. It is one of many exceptions to the warrant requirement. Since the exception was first announced in 1971, the Supreme Court and lower Federal courts and State courts have attempted to apply its rationale to situations involving the use of senses other than sight - such as the senses of touch, smell, and hearing. In this paper, the authors reviewed the development of the plain view exception and its expansion to 'plain touch,' 'plain smell,' and 'plain hearing' situations. The authors analyzed and categorized the decision of the lower Federal courts - both the Court of Appeals and the District Court - in an effort to provide an overview of the status of the law. Tables, notes, references, and cases cited (Published Abstract)