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[14.13] Probable Cause & Plain View Policy

  1. Peace officers have the power to seize and record evidence upon any event that is in their plain view so long as they have a legal reason to be where they’re located at the time.
  2. A person who gives a government employee permission to view or access a facility, equipment or other areas is permitting an officer to view a facility for probable cause or plain view evidence.
  3. Probable Cause does not have a specific definition, but refers to the ongoing premise that an officer’s “gut feeling” supported by plain view evidence (such as the smell of marijuana or other items) that would imply a probable situation of criminality and authorize a search based on that evidence. Probable Cause can be circumstantially contested in a court of law.
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Plain View applies even when an officer is in hot pursuit and enters, for example, an apartment complex and sees a clear criminal act in progress while chasing someone. They can call in other units to seize and handle that situation too.