What is plain view?

If a cop is in a place where “he has a right to be” it is not a search, it is “plain view”.


If it is not a search then it is not subject to being suppressed.


The law protects your reasonable expectation of privacy. The reasonable test goes to expectations of privacy, not places.


Looking into cars is permitted. Using a flashlight to see in your car or your home is permitted. Binoculars: ok. Fly-over’s: ok. And our courts keep expanding the list of permitted views.


Anything that can be seen from the street is in ‘plain view’ and you have no constitutional protection.