Americans have the right to be free from unreasonable searches and seizures under the Fourth Amendment of the United States Constitution. As a general rule, this means that the police must get a valid search warrant from a court in order to search you or your property, or the search must fall under one of the exceptions to the search warrant requirement.
Keep reading to learn more and then contact Chambers Law Firm at 714-760-4088 if you have been charged with or accused of a crime and require the help of a criminal defense attorney.
The plain view exception
The clear view exception is one such exception. The plain view exception can be particularly problematic in cases involving drug possession or narcotics, as a drug defense lawyer in Los Angeles, CA will tell you, because if the police see something that appears to be connected to the use, sale, or manufacture of drugs, they can search it — without a warrant. Understanding the plain view exception can help you better understand your rights and defend yourself from unlawful searches and seizures.
The plain view exemption permits law enforcement agents conducting a valid search of a property to search objects that are (1) in plain view and (2) manifestly incriminating. In order for this exception to apply, the police must be legitimately searching the premises. The plain view exemption does not apply if they are in your house unlawfully.
Challenging a plain view exception
The question then becomes whether anything is “clearly damning” and in plain sight. To begin with, plain view implies precisely what it says: it must be visible to the naked eye, in “plain view.” If the cops have to move anything else to see it, it’s not in plain view, according to a drug defense lawyer in Los Angeles, CA.
So, a bag of pills stashed in a little box under your socks in a drawer is unlikely to be “in plain view.” If, on the other hand, the same bag of pills sits on the coffee table when the cops come in to arrest you for something else, it’s probably in plain sight.
When it comes to anything that is blatantly damning, drugs or drug paraphernalia are frequently used to alert police to the fact that a crime has been committed. This isn’t always the case; in California, where marijuana is authorized for both medical and recreational uses, the presence of the drug isn’t always “clearly damning.” A knowledgeable drug defense attorney in Los Angeles, CA can look through the facts and circumstances of your case to see if the police used the plain view exemption legally to search your home or seize belongings.
You will need the assistance of an expert drug defense lawyer in Los Angeles, CA if you are facing drug charges and suspect the police may have conducted an improper search. To book a free first consultation with one of our experienced attorneys and experts, call 714-760-4088.
