Plain View and Lineups

What is the plain view doctrine? Discuss its three requirements.
“If the three requirements for the plain view doctrine are not met, any evidence seized is not admissible in court.” Is this statement true or false? Explain your answer.
What is inadvertence? Is it a plain view requirement? Give an example of inadvertence.
What is curtilage? How is curtilage determined?
What four constitutional rights are likely to be invoked by suspects during the pretrial identification stage? Briefly discuss how each applies to lineups, showups, and photographic displays.
“A suspect is entitled to a lawyer during a police lineup.” Is this statement true or false? Explain your answer.
“A suspect’s right to protection against self-incrimination is violated in a police lineup.” Is this statement true or false? Justify your answer.
What can the police do if a suspect refuses to appear in a lineup?

Solution Preview

The plain view doctrine is one of the exceptions used when the law enforcement agency lacks a warrant. The principle gives the police officers the authoritative power to seize any items of a crime which have been observed and recognized as evidence linked to a particular crime. The exception will fall under the protection of the Fourth Amendment. There are three requirements which will have to be met as outlined in the case of Coolidge v. New Hampshire.

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