Policy Text
JACKIE LACEY
DISTRICT ATTORNEY LOS ANGELES COUNTY DISTRICT ATTORNEY’S OFFICE
ONEMINUTE
BRIEF
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NON -COMMERCI AL PROSECUTORIAL, LAW ENFORCEMENT AND EDUCATIONAL PURPOSES ONLY . 1MB@da.lacounty.gov
NUMBER : 2020-25 DATE : 08-06-20 BY: Devallis Rutledge TOPIC : Doorway Plain View
ISSUE : Which Fourth Amendment principles appl y when an of ficer sees contraband in
plain view inside a motel room or residence through an open doorway?
In a common scenario, a law enforcement officer appr oache s a motel or residential
door and knocks (for any number of reason s). An occupant open s the door, and t hrough the
open doorway, the officer sees obvious contraband inside . What steps can the of ficer lawfully
take? How do Fourth Amendment principles apply to the analysis of this scenario?
● Knock and Talk. “[A] police officer not armed with a w arrant may approach a home
and knock ….” Florida v. Jardines (2013) 569 US 1, 8. “Consensual encounters may also take
place at the door way of a ho me. …The ‘knock and talk ’ procedure does not rise to th e level of
an investigative detention requiring an artic ulable susp icion of criminal activity.” People v.
Rivera (2007) 41 Cal.4th 304, 309 -10. See 1MB s 2007 -08, 2013 -09.
● Plain View. “[O]bjects falling in the plain view of an offi cer who has a right to be in
the position to have that view are subject to seizure and may b e introduced in evidence. ”
Harris v. US (1968) 390 US 234, 236. But, the object ’s “incriminating character must be
immediately apparent …. [And] the officer … must also have a lawful right of acces s to the
object itself. ” Horton v. California (1990) 496 US 128, 136 -37. The “plain -view doctrine ”
justifies the seizure of contraband , but does not by itself justify entry to make the seizure.
● Lawful Rig ht of Access. A well -trained officer will identify as many independent
justifications f or entry into the motel room or residence as possib le, seeking consent ,
checking if any resident is on probation/parole/PRCS/supervised -release search terms ,
and identif ying any exigent circumstances , before entering . See 1MB 2018 -16.
This information was current as of publication date. It is not in tended as legal advice. It is
recommended that readers check for subsequent developments, and cons ult legal advisors to ensure
currency after publication. Local pol icies and procedures r egarding application should be observed.
LADA ONE -MINUTE BRIEF NO. 20 20-25 PAGE 2
● Imminent De struction of Evidence. Once the occupant is alerted that the officer is
likely aware of the contraband , “warrantless entry to prevent the destruction of evidence is
reasonable and thus allowed. ” Kentucky v. King (2011 ) 563 US 452, 462. See 1MB 2011 -08.
● Doorway Arrest. An officer with probable cause m ay arrest a suspect standing at an
open doorway , and if the person retreat s inside, the officer may enter to complet e the arr est,
without a warrant. US v. San tana (1976) 427 US 38, 42. See 1MB 2014 -12.
● Search Incident to Arrest. Once lawfully inside, an officer who makes a lawful arrest
within may search the arrested person and the area w ithin his immediate control , which
extends to places into which the suspect could reach or lunge , Chimel v. California (1969)
395 US 752, 763, and may look into immediately -adjoining rooms and spaces that could
conceal a potential assailant. Maryland v. Buie (1990) 494 US 325, 334. See 1MB 201 7-28.
● Protective Sweep. If, but only if , the officer has an articulable suspicion that there
may be a potential assailant on the premises who might endanger those present , the officer
may make a cursory protective sweep of the premises, looking into places tha t could conceal
a person , and seizing a ny evidence that then comes into plain view. Maryland v. Buie (1990)
494 US 325, 336. See 1 MB 2020 -13.
● Securing the Res idence . If as a result of all of the circumstances the officer
develop s probable cause to belie ve a further search would reveal add itional contraband or
evidence (and especially where there is no independent justification for the search, such as
consent or search terms ), officers may remain inside to secure the premi ses while a search
warrant is sou g