The Fourth (4th) Amendment: The New Frontier
According to the article, plain view describes to the state at which the evidence of a crime is in a bare view even when it has not been stated clearly in the warrant. The plain view can either be in the actual location or in a different location pursuant to a lawful search authorization. Thus the obvious evidence can be detained if it is in a plain view (Vishny 2012). Thus this plain view policy relates to appropriations that are conducted pursuant to the search permit that allows the police officers to go beyond the scope of their warrant. This is allowed when there is an earlier valid intrusion meaning that the police officer must be authorized to be at the place they located the evidence. Also the plain view is applied when the evidence value of the item in the plain view must be immediately obvious to the officer and the sighted evidence object must be in the plain view. It involves tangible objects that can be smelled or heard and even can be tasted. There are several exceptions to this doctrine (Vishny 2012). One of the exceptions is in cases of an emergency; the police officer may take hold of any object that is in plain view when it seems to be evidence of the crime. Another exception is when there is a hot pursuit between the police and a felony and also in cases of imminent destruction of evidence where the police officers may seize the object if they believe that the evidence will be destroyed.
Strip and body cavity searches should be merited since they may help gather evidence against serious crimes such as smuggling of drugs into the country. These searches are also important for safety purposes as the search is carried out, harmful objects like bombs and guns can be retrieved and hence capturing of the victim thus making it safer.
Reference
Vishny D. (2012). Still the American Frontier: Forth Amendment Litigation.retyrieved from:
