Criminal Procedures Essay Example | Topics and Well Written Essays - 500 words

Criminal Procedures - Essay ExampleAt first blush, it whitethorn seem that the plain thought process doctrine is applicable in this case. The essence of the plain view doctrine is that it allows law enforcement officers to effect warrantless seizures when the evidence/contraband is in plain view. The officer may not disturb other objects to obtain a better view. In this case, the purse was hidden under a seat and was clearly not in plain view. The correct exception to the Fourth Amendment that would make the motion fail is the search incident to a lawful arrest exception. The Court extended the make it of a search incident to a lawful arrest from a search within the immediate reach of the arrested individual to a protective scotch, so as for better to retrieve weapons or contraband that the accused could have hidden. In the case of New York v. Belton, the Court established the doctrine that when a police officer has made a lawful custodial arrest of an occupant of an automobile, t he Fourth Amendment allows the officer to search the passenger compartment of that vehicle as a contemporaneous incident of arrest. The situation of Deft falls squarely within the exception. Thus, he cannot invoke the Fourth amendment to exclude the purse as evidence. One of the aboriginal rights enshrined in this Amendment is the so-called Miranda Rights, created by virtue of Miranda v. Arizona, which essentially confers on policemen the duty to inform the accused of his right to remain silent and to be assisted by counsel.