If the police see an item in “plain view” that is obviously incriminating, they can search it without a warrant.
Under the Fourth Amendment of the U.S. Constitution, Americans have the right to be free from unreasonable searches and seizures. As a general rule, this means that in order to search you or your property, the police must either have a valid search warrant from a judge — or the search must fall into one of the exceptions to the search warrant requirement.
One such exception is the plain view exception. As a drug defense lawyer in Los Angeles, CA will tell you, the plain view exception can be particularly problematic in cases involving drug possession or narcotics, because if the police see something that looks to be connected to the use, sale or manufacture or drugs, they can search it — without a warrant. Learning more about the plain view exception can help you understand your rights and protect yourself from warrantless searches and seizures.
The plain view exception allows law enforcement officers who are legally searching a property to search items that are (1) in plain view while they are conducting their search and (2) obviously incriminating. Importantly, the police must be lawfully searching the property in order for this exception to apply. If they are in your home illegally, the plain view exception does not apply.
The question then becomes whether something is in plain view — and whether it is “obviously incriminating.” As an initial matter, plain view means exactly what it says: it has to be out in the open, in “plain view.” According to a drug defense lawyer in Los Angeles, CA , if the police have to move something else to see it, that’s not plain view. So if you have a bag of pills hidden in a small box under your socks in a drawer, that is not likely in “plain view.” However, if that same bag of pills is on the coffee table when the police walk in to arrest you on something else, that is likely in plain view.
When it comes to something being obviously incriminating, it is often the case that drugs or drug paraphernalia will signal to police that a crime has been committed. However, this is not always the case; in a state like California, where marijuana has been legalized for both medicinal and recreational purposes, the presence of marijuana is not “obviously incriminating.” A skilled drug defense lawyer in Los Angeles, CA can examine the specific facts and circumstances of your case to determine if the police have properly utilized the plain view exception to search your house or seize items.
If you are facing drug charges and believe that the police may have conducted an illegal search, you will need the help of an experienced drug defense lawyer in Los Angeles, CA. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with one of our seasoned team of attorneys and professionals.
