Theseus
Founder's Club Member
imported post
While attempting to suggest that running the serials from a firearm while conducting a 12031(e) check was entrapment I found this little gem...
So my question, to those far wiser than me on these subjects, how much feet might this above requirements hold? Where is the case law that provides the guidance for such "Plain View Doctrine" and is this above information basically accurate?
The reason for asking is that if there is a legal "test" I guess you would call it running the serial during a 12031(e) check is IN FACT not meeting the requirements of Plain View Doctrine.
So?
While attempting to suggest that running the serials from a firearm while conducting a 12031(e) check was entrapment I found this little gem...
(Above quote obtained here.)The plain view doctrine is a concept in criminal law that allows a law enforcement officer to make a search and seizure without obtaining a search warrant if evidence of criminal activity or the product of a crime can be seen without entry or search. Here is what you require to make the "plain view" argument
REQUIREMENTS FOR SEIZURE OF EVIDENCE IN PLAIN VIEW:
1. Law enforcement authority to seize.
2. Law enforcement official must be in a place he/she has a right to be in.
3. Discovery of the evidence must be inadvertent.
4. It must be immediately apparent that what the official has discovered is evidence.
So my question, to those far wiser than me on these subjects, how much feet might this above requirements hold? Where is the case law that provides the guidance for such "Plain View Doctrine" and is this above information basically accurate?
The reason for asking is that if there is a legal "test" I guess you would call it running the serial during a 12031(e) check is IN FACT not meeting the requirements of Plain View Doctrine.
So?