Gee, you’ve spent a tremendous amount of time thinking about this. I wonder why.
I don’t know why you’re confused. Please look at the description of this forum:
That means GQ is not for open-ended questions or political debates.
Open view means the officer wasn’t in a constitutionally protected area when he saw the item. Plain view means he was.
Open view still requires an officer to get a warrant. Plain view does not.
If you’re in a public street and see heroin inside a house, that’s open view. You still need to get a warrant to go inside the house and seize the heroin.
If you’re in the house because you have a valid search warrant to look for guns, and you see heroin, that’s plain view. You can seize the herion without the warrant
Thanks!
[Sidebar, yer Honor!]
Are all warrants sealed, or are they usually open and public knowledge? I mean, if my neighbors get searched some random Super Tuesday, can I go into public records two months later and find out why (i.e. do I have to do a FOIA request–or the local/state equivalent)?
I’m curious to see how warrants are worded–how strict or ‘loose’ they are.
[/Sidebar]
Tripler
. . . at least, that’s what my counsel recommends I start researching.