Explain how the Plain View Doctrine and Exigent Circumstances may apply to digital evidence.

• Be sure to address what the Plain View Doctrine is and the three requirements an officer must fulfill if they are to successfully claim they wereoperating under the Plain View Doctrine
• Describe a scenario in which an officer may claim the plain view applies to digital evidencewhat might be an applicable counter argument be in court?
• Explain what the exigent circumstances doctrine is and the category of circumstances that qualify as exigent circumstances under the doctrine.
• Describe a scenario in which an officer may claim that the exigent circumstances doctrine applies to digital evidencewhat might be an applicable counter argument be in court?

Reference

The International Association of Chiefs of Police Cyber Center

• Digital Search Warrants

Office of Legal Education Executive Office for United States Attorneys Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations (2020)

• Chapter1. Searching and Seizing Computers Without A Warrant
  • Section C2. Exigent Circumstances(p. 39-43)
  • Section C4. Plain View(p. 46 - 49)
• Chapter 2. Searching and Seizing Computers with a Warrant
  • Section C1. Include Facts Establishing Probable Cause(p. 75-81)
  • Section C2. Describe with Particularity the Things to be Seized(p. 81 - 88)
• Wake Forest Law Curriculum
  • Video: Particularity in Search Warrants