How does the Fourth Amendment exception to the warrant requirement "in plain view" relate to evidence discovered on a computer hard drive? Give examples of what would be allowed and what would not be allowed under this exception.

What will be an ideal response?


An item is in "plain view" if it is readily observable by the investigator without manipulation of the environment in which the information resides.This also means that if an investigator is conducting a lawful search of a computer hard drive and discovers evidence of another crime, the supplemental evidence is considered in plain view. However, if the investigator is authorized to search specific folders and opens folders outside the authorized search area, the discovered information may not be considered in plain view.

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