An officer has made a lawful arrest of a motorist for driving while intoxicated (DWI). The officer searches the passenger compartment of the car but finds nothing of interest. He then searches the trunk where he finds a bag of what appears to be marijuana. Which requirement of the plain view doctrine is not fulfilled (or has been violated)?

Question

Quizplus · Accepted Answer

The requirement of prior valid intrusion has not been fulfilled since the officer did not have a valid reason to search the trunk of the car. The initial arrest and search of the passenger compartment does not provide a valid reason for searching the trunk unless there was additional probable cause or a search warrant. Therefore, the plain view doctrine does not apply to the discovery of the marijuana in the trunk.

An Officer Has Made a Lawful Arrest of a Motorist