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While most searches and seizures are fully protected by the Fourth Amendment, some types of searches enjoy only limited protection. While they still involve “looking” and “taking,” plain view, open fields, abandonment, and border searches relieve officers of the need to obtain a search warrant prior to taking action.

The plain view doctrine allows officers to seize items that are immediately apparent as illegal if the officer is legally in a position to view those items, while open fields and abandonment suggest that some property is not protected by an individual’s right to a reasonable expectation of privacy, thus eliminating the need for a search warrant. Searches and seizures made at border checkpoints have different rules than the rules that are applied to citizens subject to search and seizure within the borders of the United States. Because of the important issues of undocumented immigration and trafficking, security has tightened at borders and checkpoints, and greater authority is granted to law enforcement regarding the searches of persons or vehicles.

The Court has long held that searches of individuals with or without suspicion or cause are acceptable because the searches are at the border, and there is a compelling state interest to protect the borders from illegal immigration and drug or human trafficking, among other prohibited activities. Some of the activity that is governed at the borders includes the detention of individuals thought to be attempting to enter the country illegally, the detention of individuals thought to be attempting to smuggle contraband into the country, the stopping and searching of vehicles, and factory surveys of workers. Finally, it is important to note that a “border” is not limited to a territorial border. It also refers to airports, major water ports, and other entryways into a country. The Fourth Amendment does not fully apply at these locations, as noted above.





Which of the following is not a requirement of the plain view doctrine?
a. The officer must be in the physical position to observe the item legally.
b. The officer must have gained awareness of the item solely by seeing it.
c. It must be immediately apparent that the item is a seizable item.
d. There must be at least one witness, in addition to the officer, stating that the item was in plain view

Answer 1

d. There must be at least one witness, in addition to the officer, stating that the item was in plain view

Explanation: The plain view doctrine requires (1) the officer lawfully be in the physical position to observe the item, and (2) the incriminating nature of the item must be immediately apparent (probable cause to believe it is contraband or evidence). No additional witness is required.