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San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney

San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney

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When Does a Law Enforcement Officer Have the Legal Right to Seize Evidence and Arrest Someone Without a Warrant?

The Doctrine of Plain View allows a law enforcement officer to SEIZE evidence of a crime, WITHOUT obtaining a SEARCH WARRANT, when that evidence is in PLAIN SIGHT.

The courts have established a three prong test to determine how law enforcement officers must proceed in situations where there is no warrant but the evidence of criminal behavior is in plain sight:

First, the law enforcement officer must be LAWFULLY present at the place where the evidence can be plainly viewed;

Second, the law enforcement officer must have a lawful right of access the object. (This means that the officer is required to have probable cause to believe the item in question is evidence of a crime or is contraband);

Third, the incriminating character of the object must be immediately apparent. (This means that law enforcement officers may NOT move objects to get a better view of the item in question).

If you have any questions about police having probable cause for a plain view search, please feel free to contact Criminal Defense Attorney Vik Monder at 619-405-0063 or visit San Diego Defense Attorney

Contact San Diego Criminal Attorney for a free consultation today at: 619-405-0063