| "Plain Sight" doctrine allows for the -EASILY VISIBLE- evidence of a crime to be construed as Probable Cause.
However, for evidence to fall under Plain Sight, is must be;
1: Visible to the naked eye ( no drug dogs ).
2: Unconcealed, or positioned/placed in such a way as to lead a reasonable person to assume that no effort had been taken to conceal it.
In other words, it has to be literally lying out in the open where someone could trip over it. If a policeman so much as moves a handkercheif w/out a warrant, it's inadmissible from a Constitutional standpoint. Warrantless drug-dog searches are unConstitutional on their face, as is the totality of the "Traffic Stop Tap-Dance" that we all go through. Without probable cause under Plain Sight ( or a warrant ), the request for license/reg/insurance and drug-dogs is patently illegal. |