A police officer is on duty and playing a pick -up game of basketball with some local teens as part of public relations.He is tapped to sit out while someone else goes in,and he sits on a bench near some backpacks.One of the backpacks was open,and he could see some white powder in a baggie and a pipe.How is he able to conduct a warrantless search at this point?

Question

Quizplus · Accepted Answer

The officer conducted a plain-view search, which is a type of warrantless search that is legal if the officer has a lawful right to be in the location and the evidence is in plain view. In this case, the officer was playing basketball with the teens and was sitting on the bench near the backpacks, so he had a lawful right to be in that location. He saw the white powder and pipe in plain view, and therefore was legally allowed to seize the evidence and make an arrest.

A Police Officer Is on Duty and Playing a Pick