Apartments for Low Income

Questions and Answers

Your Questions About In Plain View

August 15, 2012

Mandy asks…

when can you apply the doctrine of plain view under philippine law?

Assuming a police officer is ask to search for suspected contraband computers in a certain school in room 234 and that is provided in his search warrant. But, the officer saw guns on the table in room 234 and eventually he confiscated it. as he pass by to room 233 he saw illegal drugs lying on a table. he confiscated it also. my questions is. was the seizure legal? and can he apply the doctrine of plain view under the philippine law?

Administrator answers:

Yes, he saw the drugs in plain view. The search was legal. Furthermore, anything that was legally obtained by a search warrant, and that was in plain view, can be taken.

Joseph asks…

Can i cop detect your speed several cars behind a speeding car, or a vehicle not in plain view?

Cop said he was several car lenghts behind me in plain sight. But I saw he had to go on the shoulder to pass cars. Makes no sense. Help.

Administrator answers:

Cops are trained in estimating speed. What they say Goes in court.

Plus he only needs one “blip” on Doppler radar or laser and he has you. Even if he accidentally got another car, it is still his word against yours. Judges believe court officers first. They assume they have this training and years of experience. You only have your say so you didn’t do it. Sorry

This Vascar whatever is not accurate in this case. If he were several car lengths behind, he cannot honestly know when an object was passed by you , as you will appear to him to be on an extreme angle to him and it.. Plus, conditions, lighting, shadows, can throw human eye off. And going on shoulder can also obstruct , or, at least, change, his view.

REF: 4 years college, lot of physics classes. Common Sense. Going to court 16X. Saw a lot of verdicts/sentencing. Defensive driving class. Outside a lab, Anything is possible. The street is Not a controlled environment where other factors can be eliminated.

Ruth asks…

What are the gun laws for wearing a weapon in a holster in plain view?

If I wanted to wear a revolver on my hip, what permits would I need if they are even attainable? Would a concealed permit cover that, or would I not even need that?

Administrator answers:

Laws vary state by state. Some it is forbidden, some you require a permit, some you cannot have it loaded.

From everything I have been told in my state, Minnesota, you can open carry if you have a permit (a conceal and carry permit, but you don’t actually have to conceal it, it is recommended you do though, as people tend to panic when they see someone wearing a gun).

Just beware, that even if it is legal, you may be harassed by police still, as people often panic at the sight of someone open carrying. Though when have you seen anyone commit a crime while always walking around with a gun strapped to their side. They would be far too easy to identify.

Here is a site that should link you to more information, the specific page here is a map that shows states that allow open carry. Though you should consult the specifics in your state in advance to be sure you are in compliance with all laws: http://opencarry.org/opencarry.html

Michael asks…

Is it safe to leave a 6 year old child plain view wearing only shorts drinking a ice cold Slurpee with window?

The ac had been on full blast and the child was drinking a cold slurpee and he was cold . So I turned the ac off and cracked the window and I went in the seven eleven and could clearly see the child

Administrator answers:

Safe from what? Bears? Of course. When I was 6 I walked to 7-11 by myself, and times really haven’t changed. It is that we now live in a time of unnecessary fear.

Mary asks…

What is a speed trap and is it legal if the officer is not in plain view?

I was under the impression (from somewhere) that if an officer is waiting in a certain place to catch speeders, he is not allowed to hide behind things. He/she must be visible to oncoming drivers, is this correct? Please only qualified answers; I’m interested in what the law is, not what people (or policemen) think. Thanks.

Administrator answers:

Yes, that is legal. These are all myths.

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