NOCTI Criminal Justice Practice Exam

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What does the Plain View Doctrine require for evidence to be admissible?

The evidence must be obtained with a warrant

The officer must be in a private location

The evidence must be in plain view and immediately apparent as contraband

The Plain View Doctrine stipulates that evidence can be deemed admissible in court if it is observed by law enforcement officers who are lawfully present in a location where they can see the evidence, and it is immediately apparent that the item in question is contraband or evidence of a crime. This means that for the doctrine to apply, the officer must not have had to manipulate or search for the evidence; it should be directly observable without further action.

The requirement that the evidence is immediately apparent as contraband is crucial because it ensures that officers do not engage in any unreasonable searches and that the evidence can be positively identified as illegal at the moment it is seen. This principle is grounded in protecting citizens' Fourth Amendment rights against unreasonable searches and seizures while also allowing law enforcement to act on clear and observable evidence of criminal activity.

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The evidence must have been seized after an arrest

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