With regard to the "Plain View" doctrine, any of the five human senses may provide information that makes it "immediately apparent" to the police that the object is evidence of a crime. Discuss the senses applicable to plain view and their application

What will be an ideal response?


Plain smell: In 1948, the U.S. Supreme Court held that odors may be "found to be evidence of the most persuasive character." However, odor alone has been found to be not enough to support a search without a warrant. Plain hearing: The "naked ear" or plain hearing rule applies to sounds that are heard without the use of any electronic or mechanical devices. Plain touch: the U.S. Supreme Court held that if the officers doing the pat-down discover an article whose nature is "immediately apparent from its tactile impression," the officers may seize the article without a search warrant. Plain taste: The sense of taste is rarely used to provide information to a law enforcement officer. No reported decisions can be found on this point.

Criminal Justice

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What will be an ideal response?

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