Imagine that the Supreme Court has issued a decision that reverses Arizona v. Hicks (1987), and the Supreme Court under a new case (fictional case), entitled New York v. Henderson (2016), now holds that the plain view doctrine does allow police officers to seize on less than probable cause, any item they happen to see that is in “plain view.”
Write an essay of 500-1,000 words that addresses the following:
Explain the “plain-view” doctrine and the probable cause requirement with respect to this doctrine.
Explain how the adoption of the Henderson case would affect public policy.
If a policing agency disagrees with the Henderson case, are they required to follow the case or may they be allowed to provide more procedural safe guards as inferred in Arizona v. Hicks? Provide examples.
What happens if various interpretations of the plain view doctrine create significant differences between jurisdictions?
