Section 6.25 Plain View Doctrine

• Library: DWI 2014

The plain view doctrine, which is one of the recognized exceptions to the warrant requirement imposed by the Fourth Amendment, applies when:

“(1) the officer is lawfully located in a place from which the object can be plainly seen;

(2) the officer has a lawful right of access to the object itself; and

(3) the incriminating character of the object is immediately apparent to the seizing officer.”

State v. Dillard,158 S.W.3d 291, 297–98 (Mo. App. S.D. 2005).

In Dillard,a white van pulling a box trailer passed by police officers. The van appeared to be exceeding the posted speed limit of 60 miles per hour. Radar verified that the van was traveling approximately 70 miles per hour. A check on the trailer’s license plates revealed that they had expired. The officer activated his emergency lights to effect a traffic stop for the violations. Id. at 295.

The defendant, who was driving the van, pulled onto the shoulder and stopped. The officer approached the driver’s side of the van and asked the defendant for his driver’s license and proof of insurance. The defendant started looking in his checkbook and seemed to be having problems finding the items the officer asked to see. The defendant’s verbal responses also were “slow.” While the defendant fumbled through some papers, the officer looked...