Republic of the Philippines

Laguna State Polytechnic University

Province of Laguna

College of Criminal Justice Education

Specialized Crime Investigation with Simulation on Interrogation and Interview
ASSIGNMENT 1: CDI 5

1. What is Plain View Doctrine?

The plain view doctrine is a criminal procedural law that allows an officer to seize

evidence of a crime without needing a warrant. The plain view doctrine does not require

a warrant when the evidence is visible. Also known as the clear-view doctrine or the

plain sight rule. This doctrine is based on the practical reasoning that an officer does not

have to turn a blind eye to evidence instantly obvious as incriminating when he is

lawfully present, the object may be seen, and he has a legal right to access that object.

Furthermore, when an officer is legally present, this doctrine generally supports the

concept that further refinement by the courts will help resolve differing interpretations of

some aspects of the doctrine.

Under the plain view doctrine, objects in an officer's view may be seized and

used as evidence. Three requisites of plain view doctrine apply. (1) Law enforcement

officers searching for evidence have a prior justification for an intrusion or can view a

particular area. (2) the discovery of the evidence in plain view is inadvertent, and (3) it is

immediately apparent to the officers that the item may be evidence of a crime,

contraband, or subject to seizure.

 Republic of the Philippines
Laguna State Polytechnic University
Province of Laguna

2. What is Consented Search?

Consent searches are those performed by law enforcement authorities with the

consent of the individual whose property they seek to search. The most commonly used

type of warrantless searches is those conducted with consent. No search warrant or

probable cause is required if a person obtains consent in a position of authority.

To perform a consent search, the person whose property is being searched must

willingly consent to the search. Clearly, no force or threat was used to get the arrested

individual to submit to a search. (Tracey, 1991) A consented search is allowed if "a

reasonable person would understand that he or she is free to refuse." Consent must be

given positively. Silence is not consent. The search may only proceed as far as the

authority granted. In most instances, the individual may deny consent. However, law

enforcement is not required to inform the individual that consent is voluntary. It is not

necessary to identify themselves as law enforcement officers, nor is the individual

granting consent to be the person accused of the offense.

For a search to be legal, the person granting authorization must have common

power over the property. For example, hotel management grants permission to search.

It does not apply to a landlord granting permission to search an owner's apartment, and

searches conducted by security guards are legal.

3. What are the different between Check Point and Choke Point?

The difference between Check Point and Choke Point is: First, the meaning itself

Checkpoint is a place on the road at a terminal at which vehicles or people are stopped
 Republic of the Philippines
Laguna State Polytechnic University
Province of Laguna

for inspection. At the same time, Choke Point is a point of congestion or blockage.

Second, in a checkpoint composed of eight-member personnel, whereas a choke point,

no category or specific member has the authority to conduct a chokepoint. Lastly, the

checkpoint is regularly performed by an authorized police officer, all mobile vehicles are

authorized to establish an inspection, or only marked vehicles with blinkers turned on

shall be determined in mobile checkpoints most common is the motorcycle. However, in

chokepoint, this operation is not regularly conducted; instead, it is often performed

whenever an incident or crime occurs in a particular area or location.

Moreover, it will identify a specific mobile vehicle if that vehicle is connected to

the crime or incident that took place. That information will be disseminated around by

the police officer. Now, law enforcement officers will establish a chokepoint, where they

will only apprehend or perform an inspection on the vehicle that has been specifically

recognized.
 Republic of the Philippines
Laguna State Polytechnic University
Province of Laguna

References

Davis, J. R. (1979). The Plain View Doctrine (Conclusion). FBI L. Enforcement Bull., 48,

27. https://www.ojp.gov/pdffiles1/Digitization/63104NCJRS.pdf

P&L, Law. (2020, February 18). Valid Warrantless Searches in the Philippines.

Philippine e-Legal Forum. https://pnl-law.com/blog/valid-warrantless-searches-in-

thephilippines/?fbclid=IwAR1MTN384VzCXaOZ2H7zcpDddfyYCikccIZKeF5OzOI

z7ohnXgdQ7aFjM74

Saylor, J. (2010). Computers as Castles: Preventing the Plain View Doctrine from

Becoming a Vehicle for Overboard Digital Searches. Fordham L. Rev., 79, 2809.

https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=4725&context=flr

https://www.law.cornell.edu/wex/plain_view_doctrine_0

Tracey Maclin, “Black and Blue Encounters”—Some Preliminary Thoughts About Fourth

Amendment Seizures: Should Race Matter? 26 VAL. U. L. REV. 243, 271-72

(1991).

https://newdemo.openrepository.com/bitstream/handle/2384/582977/The%20Vol

untariness%20of%20Voluntary%20Consent_%20Consent%20Searches%20and

%20the.pdf?sequence=1&isAllowed=y

http://www.searchandseizure.org/consentsearches.html