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The focus of The Plain View Doctrine is on legal seizures of evidence that is in plain view of an officer, and exceptions to the warrant requirement. Explain your choices in this scenario by addressing the following questions:
Which principles should officers follow when they decide whether or not to seize an item they can plainly see while on patrol or conducting a search? Is there a good protocol to keep in mind as a basic matter? How might these answers change based on differing sets of circumstances?
The plain view doctrine specifically requires that evidence be seen by an officer and not perceived in other ways (such as when an officer smells marijuana in a room). Why, then, do you think the courts have also adopted case law surrounding a “plain touch” exception? Do you think the “plain touch” and “plain view” doctrines should simply be rolled into a more general exception that would allow officers to use any of their senses to perceive potential evidence? Or are there specific situations that make you think that the law is correct as is? Explain your reasoning.
The central issue in Unfair Treatment revolves on rights to due process during pretrial identification procedures. Explain your choices in this scenario by addressing the following questions:
How should officers decide what kind of identification to conduct? Are all three methods equally effective? If some procedures are fairer than others, why shouldn’t they always be used? How might these answers change based on differing sets of circumstances?
Explain how specifically can courts decide which identification procedures are unfair? Discuss at least one situation that may not have a clear-cut answer. For example, what if police aren’t sure about their chances for getting to conduct an identification procedure after the arrest? What factors should help determine a witness’s reliability?
*** please answer these questions thank you
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