Ques 1: Explain the requirements for Thompson to be able to seize this evidence under the plain view doctrine. Have the requirements been met? Why or why not?
Ques 2: Is this a legal search? Why or why not? Can the evidence be seized under the plain view doctrine? Why or why not? Will the evidence be admissible? Why or why not?
Ques 3: Make a case that Shaw can seize the marijuana under the plain view doctrine? Do you see a potential challenge by a defense attorney on any of the requirements for plain view?
Ques 4: Does the fact that Shaw is outside the residence make any difference? Why or why not? If you don't think you could enter this residence how else might you legally get in?
Ques 5: Based on the information in Chapter 10, how would you rule on each of these objections?
Answer:
As per the doctrine, Thompson was legally in place to ask for the paperwork due to over-speeding, the six-pack of Natty Beer was very well visible in plain sight, however, due to the area being an open space, there needed to be a search warrant for the vehicle. Since the requirement has not been met, he is in no position to seize
