How have the courts interpreted the doctrine of plain view in the context of search warrants?

"New York", United States of America

The following excerpt is from People v. Hernandez, 2005 NY Slip Op 52242(U) (NY 12/27/2005), 2005 NY Slip Op 52242(U) (N.Y. 2005):

The People do not contend that the entry onto Defendant's property was justified by exigent circumstances that would justify a warrantless entry onto the property, nor is there evidence in the record to support such a contention. Rather, they urge an exception to the requirement of a warrant, based on the often misinterpreted doctrine of "plain view," which resulted in the officer's mistaken impression that so long as evidence is clearly visible from a public area, it is subject to warrantless seizure. People v. Saurini, 201 AD2d 869 (4th Dept 1994).

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