Plain View Doctrine and the Sense of Hearing

October 2, 2013

  • 349 Searches and Seizures
  • 349I In General
  • 349k13 What Constitutes Search or Seizure
  • 349k13.1 k. In General.

349 Searches and SeizuresOfficer did not conduct a search when he dialed robbery victim’s cell phone, which played distinctive jingle when dialed, on officer’s own cell phone, and when the victim’s cell phone responded to being dialed, the officer was permitted to use his sense of hearing under the plain view doctrine; officer was lawfully inside residence when he dialed victim’s phone, officer did not violate any expectation of privacy when he dialed phone from kitchen of residence, officer was lawfully in a place to hear sound of phone ringing from interior room, and it was immediately apparent that distinctive sound came from stolen phone, contraband subject to seizure.
Com. v. Terry, 2002 WL 1163449 (Va. Ct. App. June 4, 2002)