Thread: Misc Illegal Arrest?
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Old 04-25-2008, 12:02 AM   #22
Miles Miles is offline
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Quote:
Originally Posted by ChiefsFanatic View Post
But in this case the plain view doctrine would not fit, or they would have had no need to search, and he probably would not have been detained for an hour before the search.
The plain view doctrine is typically one that apples at a home. That doctrine was conceived for when the police are serving an arrest warrant and have a right to enter the dwelling. As stlchiefs mentioned the rights to search an auto are much more broad than a search of a home.
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