
Sign up to save your podcasts
Or
The following is a computer-generated transcription, some grammar and spelling errors may be inherent
Hey guys, it's Anthony Bandiero Here attorney and senior legal instructor for Blue to Gold Law enforcement training, bringing you the roadside chat from the studio. Let's get started. So today's question is, what is plain view? Alright, what is plain view? So, plain view is nothing more than right to be right to see. Right. That's how I train it right to be right to see, hear and smell. So basically the idea here is that if you are lawfully present, there is no search under the Fourth Amendment, by using your God given senses, there is no search, if you are lawfully in somebody's home, investigating a domestic violence. And you're looking around the home, even if you had the intent to find something, right. You know, let's say that the husband is a suspected drug dealer, and you are lawfully present because of that. Because of the investigation in your mind like Well, hey, since I'm here, let me see if I can find plain view evidence. And you look over, and you see drugs, stuff behind a book in the bookcase, you're like, well, that's a little, you know, cellophane package, you know, sticking out a little bit, he tried to hide it before you guys came in and didn't do a good job. That's plain view. Right? That's plain view, you have a right to be where you're at. You're using your God given senses. And the evidence is immediately apparent. So that's another thing that courts will throw in there, they'll say not only do you have to be lawfully present, the evidence has to be immediately apparent as evidence, contraband and so forth. All that means it's not that, you know, you look at it in instantly, you know what it is, right? You know, it's evidence. You don't you can look at and be like, Wait, is that what am I seeing what I'm seeing here, you know, so forth. But immediately apparent, basically means that you have probable cause without manipulation. So if you manipulate something that's not playing view, let me give you an example. You're in a home,///
5
1313 ratings
The following is a computer-generated transcription, some grammar and spelling errors may be inherent
Hey guys, it's Anthony Bandiero Here attorney and senior legal instructor for Blue to Gold Law enforcement training, bringing you the roadside chat from the studio. Let's get started. So today's question is, what is plain view? Alright, what is plain view? So, plain view is nothing more than right to be right to see. Right. That's how I train it right to be right to see, hear and smell. So basically the idea here is that if you are lawfully present, there is no search under the Fourth Amendment, by using your God given senses, there is no search, if you are lawfully in somebody's home, investigating a domestic violence. And you're looking around the home, even if you had the intent to find something, right. You know, let's say that the husband is a suspected drug dealer, and you are lawfully present because of that. Because of the investigation in your mind like Well, hey, since I'm here, let me see if I can find plain view evidence. And you look over, and you see drugs, stuff behind a book in the bookcase, you're like, well, that's a little, you know, cellophane package, you know, sticking out a little bit, he tried to hide it before you guys came in and didn't do a good job. That's plain view. Right? That's plain view, you have a right to be where you're at. You're using your God given senses. And the evidence is immediately apparent. So that's another thing that courts will throw in there, they'll say not only do you have to be lawfully present, the evidence has to be immediately apparent as evidence, contraband and so forth. All that means it's not that, you know, you look at it in instantly, you know what it is, right? You know, it's evidence. You don't you can look at and be like, Wait, is that what am I seeing what I'm seeing here, you know, so forth. But immediately apparent, basically means that you have probable cause without manipulation. So if you manipulate something that's not playing view, let me give you an example. You're in a home,///
226,206 Listeners
5,564 Listeners
153,924 Listeners
30,716 Listeners
10,876 Listeners
6,404 Listeners
1,207 Listeners
42,398 Listeners
3,293 Listeners
958 Listeners
99 Listeners
167 Listeners
3,234 Listeners
68 Listeners
630 Listeners