Legal Question in Constitutional Law in Pennsylvania

Hi,

I have a search and seizure question. A Police Officer receives call to a house, when responding to the home, the victim opens the door, the Officer spots drugs inside the house while being outside the doorway. Since this question is based on the exigent circumstances rule, can the Police Officer seize the drugs that he's see's while looking from outside the door?


Asked on 7/06/11, 9:52 am

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Exigent circumstances doesn't apply here. What applies is plain view. Because the police office could see the drugs from where he was standing he is allowed to seiz them and use them as evidence.

{John}

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Answered on 7/06/11, 10:22 am


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