Exceptions to Warrants

Plain view

Items in plain view of police officers typically are not protected from searches and seizures under the Fourth Amendment because the owner has no privacy interest in those items. This is not true, however, if the officer gains unlawful access to the items or the objects themselves. Furthermore, the incriminating nature of the items must be immediately apparent.

For example, if a police officer observes a white powdery substance during a legal search of a suspects home without probable cause that the substance is illegal, the officer may not simply confiscate the powder under the plain view exception. Furthermore, if the illegal nature of the object is unclear, e.g., officers observe an expensive television in a dilapidated home, the officers may not manipulate the object to help them observe serial numbers and other details of the items under this exception to the warrant requirement.

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Page last updated: 2/17/2007
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