Plain View Doctrine Clarification

Summary

The plain view doctrine allows officers to seize evidence without a warrant if it is immediately apparent that the items are evidence of a crime. However, merely seeing a baggie with a knot may not constitute probable cause. The Fourth Amendment protects against unreasonable searches and seizures. Based on your account, the officer’s actions might infringe upon your rights. For a detailed analysis and to explore potential legal actions, consulting an attorney would be advisable. Legal aid services in Ohio, such as Ohio Legal Help and the Legal Aid Society of Columbus, can provide further assistance.

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if a cop says he seen in plain view a baggie with a knot tied and the tip of the bag sticking out, how could he claim he seen drugs in plain view if that was all that was seen?
Hi Fernando,
In Ohio, the "plain view" doctrine allows officers to seize evidence without a warrant if it is immediately apparent that the items are evidence of a crime. However, merely seeing a baggie with a knot may not constitute probable cause. Was there any additional context or behavior that might have led the officer to believe it contained drugs?
none he followed me after he seen me walking because he claims he wanted to check on me and my newborn child, which under oath he did not know if the baby was even born or not. I got picked up in a car moments after he sees me and then he follows the car because he says he knows i didn't have my license and he wanted to make sure I was not driving the vehicle. He followed us to an apartment complex parking lot and the spot he parked was the way i needed to go to enter my friends apartment instead of walking the opposite direction to the front of the building and make the officer think i was doing something i should not be doing. As i walked toward my friends apartment i went into his path and he claims i was acting funny and trying to hide something, but i was grabbing my pants to pull up and he claims he seen the contraband in plain sight but he sees just a knot and tip of the baggie he admitted in court. If i broke no laws prior to engagement with the officer, then what right does he have to follow me and park until i got out of the vehicle? would that be harassment or even a violation of my right to privacy?
Hi Fernando,
To address your concerns:
- **Fourth Amendment**: Protects against unreasonable searches and seizures.
- **Plain View Doctrine**: Requires that it be immediately apparent the item is evidence of a crime.
- **Probable Cause**: Seeing a knot and tip of a baggie alone may not constitute probable cause.
Based on your account, it could be argued that the officer’s actions might infringe upon your rights. For a detailed analysis and to explore potential legal actions, consulting an attorney would be advisable.
Would you like information on how to find a legal aid service in Ohio?
yes
Hi Fernando,
Here are some options for finding legal aid services in Ohio:
- **Ohio Legal Help:** www.ohiolegalhelp.org
- **Legal Aid Society of Columbus:** www.columbuslegalaid.org
- **Ohio State Bar Association:** www.ohiobar.org
These resources can provide you with further assistance and help you understand your rights.
Is there anything else you need help with?
is there a website i could submit all the paperwork in regards to my case to get more knowledge on how to proceed?
Hi Fernando,
For submitting paperwork and getting detailed guidance on your case, you might want to consider the following online services:
- **Ohio Legal Help:** www.ohiolegalhelp.org
- **Legal Aid Society of Columbus:** www.columbuslegalaid.org
These platforms often offer options to upload documents for review. Is there anything else you need assistance with?