Using the three criteria for the plain view doctrine, provide one scenario involving illegal drugs in the trunk of a car that properly utilizes this doctrine and one with similar facts that fails to meet the test
What will be an ideal response?
Plain view doctrine requires that the officer is lawfully present at the place from which the evidence can be plainly viewed, the officer has a lawful right of access to the object, and the object's incriminating character is immediately apparent. If the occupants of a car consented to look into the trunk, if there were any readily visible drugs, they would be admissible under his doctrine. On the other hand, if the occupant refused to give permission or if the drugs were hidden underneath the spare tire, the doctrine would not apply.
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