need to respond to this in 300-400 words in APA format with at least 2 references
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We have all been stopped at one point in our lives for a traffic violation, however, until now, I never knew what an officer can actually do during this traffic stop. The Plain View Doctrine is there as a means to break this down for us. This gives us the right to be secure in our homes, vehicles, and in turn this will prevent any unlawful search and seizures. (Justia). The Plain-View doctrine also protects the officers on scene so that any evidence in a crime that the officer noticed and was in plain site is eligible for retrieval by the arriving officer. If the officer notices the evidence in plain sight, then he no longer needs a warrant to search. (Legal 2014). For example, during a routine traffic stop the police officer notices drug paraphernalia on the passenger seat, this will give the officer all they need to search nearby areas in the vehicle, like the glove box. (Legal 2014). Now let’s say the same situation occurs but the drug paraphernalia is under the seat and the officer searched the vehicle and notices it, then this will not fall under the plain-view doctrine and would be inadmissible in court. (Legal 2014).
An officer also has the right to search the vehicle’s glove compartment when in the process of arresting the driver, this gives the officer an opportunity to uncover any weapons as well. (Legal 2014). According to the text the officer also has the right to search/frisk the driver of the vehicle if they believe the driver poses a threat, or may be harboring weapons, which could pose a risk to the officer. (Orthmann p. 109, 2017). As for other occupants that may be in the vehicle. Their rights are slightly different than those of the driver. The officer may order the occupants out of the vehicle and/or they may be arrested as well if contraband or drugs were located in the vehicle. (Orthmann p. 112, 2017). Job 36:6 says “He does not keep the wicked alive but gives justice to the afflicted.” (Holy Bible).
Justia. (n.d.). Plain View. Retrieved March 25, 2019, from https://law.justia.com/constitution/us/amendment-04/21-plain-view.html
Legal. (2017, July 14). Plain View Doctrine – Definition, Examples, Cases, Processes. Retrieved March 25, 2019, from https://legaldictionary.net/plain-view-doctrine/
Orthmann, C. M., Hess, K. M., & Cho, H. L. (2017). Criminal investigation. Boston, MA: Cengage Learning.