California, United States of America
The following excerpt is from The People v. Felix, A127173, No. 250009 (Cal. App. 2010):
Where, as here, police conduct a search or seizure without a warrant, "the prosecution has the burden of showing the officers' actions were justified by an exception to the warrant requirement." (People v. Strider, supra, 177 Cal.App.4th 1393, 1400.) Without a record that discloses to us that the officers observed the gun from a public place, the prosecution cannot rely merely on the plain-view doctrine to justify the seizure. Assuming the gun was observed in plain sight from inside the yard, we must determine if
Page 8
the evidence otherwise establishes that the officers were justified in entering onto the premises to make the observation.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.