Plain sight doctrine
You are the Chief of the District Attorney’s Investigation Team for a major metropolitan area. You budget recently allowed you to hire 16 new investigators that will be sprinkled throughout your department. While the new personnel are a blessing you realize that they have had little time as investigators and you are concerned that they be properly trained in issues of the exclusionary rule to avoid problems later on during investigations. This is a political hot potato because these are supposed to be the best investigators in the jurisdiction. You have already provided an extensive paper with your new investigators and noticed and interest they had on exceptions to the Exclusionary Rule. You have decided to provide a 4-6 page addendum to last weeks training to address some of the exceptions.
In a 4 page white paper to the newly assigned District Attorney Investigation Squad investigators instruction and explanation will be provided for training. Please include responses to the bulleted issues listed below. There are a number of evidence related resources that are not found in academic journals that may be utilized as references in this assignment. It is critical that when you make a statement of fact in your presentation that you cite the reference you obtained the information from in the text of the paper and that the reference is included in your reference page. As always your paper will be submitted in the APA format current edition. No abstract is required as this is a short position paper but a title page, reference page, and appropriate running header with page numbers are necessary.
Detail the concept for admissibility of plain sight evidence and the legal requirements for the investigator to invoke a plain sight seizure.
Explain how evidence that would have been found without the questionable search that violates the exclusionary rule could ultimately be admissible as evidence.
Relate how the court views investigators and realizes that human error will sometimes result in faulty paperwork. Explain how the court allows for such errors in the “Good Faith” principle.
The student will select two of the three concepts known as dying declaration, the silver platter rule, and exigent circumstance. The student will expound on the meaning of each and why the court believes in such exceptions to constitutional requirements
The student will articulate the types of situations where it is permissible to lie to a suspect to elicit a confession. What aspects would be allowed by the court and what would be prohibited.
Be sure to reference all sources using APA style.
Plain sight doctrine is a notion in criminal law that allows a law enforcement officer to make a search and seizure without obtaining a search warrant if evidence of criminal activity or the product of a crime can be seen without entry or search. Example: a policeman stops a motorist for a minor traffic violation and can see in the car a pistol or a marijuana plant on the back seat, giving him “reasonable cause” to enter the vehicle to make a search.
Some courts also classify a “plain-smell” exception to the requirement that law-enforcement officers obtain a warrant before conducting a search. In a case involving a police dog, just as evidence in plain view of officers may be searched without warrant, evidence in plain smell may be detected without warrant.
Requirements for seizure of evidence in plain view:
The officer must have reasonable cause to believe a particular crime has been…
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