Open view versus Plain view

The following is a computer-generated transcription, some grammar and spelling errors may be inherentHello, Law enforcement officers. It's Anthony Bandiero, here with Blue Gold law enforcement training. And today, I'm going to share with you the difference between open view and plain view. Open view is when you are in a non-protected area. And you see incriminating evidence. One of the reasons they call it open view is because, typically, you're on open fields. What is an open field?Open fields are generally anywhere where you can see the sky, and you're not in curtilage. Right. So I like to say if you can look up and you can actually see the sky, you're on one or two areas, curtilage or an open field, if you can look up and you see a ceiling while you're in a protected area. And how much protection that area gets depends on where it is. So for example, a home is going to get way more protection than the lobby of Burger King. But that's beside the point. So open view is when you see incriminating evidence, or concept, you know, or, or contraband or evidence when you're not in a protected area. Plain view, on the other hand, is when you are inside a protected area and see the evidence or contraband. Now, let me just make one thing clear, it doesn't really matter what you call it in the report. Most officers I know are calling this plain view no matter where they are. And that's okay. But since I'm a legal instructor for police officers, I figured I would just make a quick video and share with you the legal distinction between those two terms. Now, let me give you an example of open view. Open view is when you're walking down a sidewalk, right, that would be considered constitutionally under the Fourth Amendment and open field because it's not curtilage. Tech, usually, and you're walking by, and you look inside a house window and you see a marijuana plant in the window? Well, you that's open view, you don't need any prior justification on why you're on that sidewalk because the constant, the Fourth Amendment does not apply. So you could be there at two o'clock in the morning, you could be nosy, it doesn't matter. But now a plain view example, your call to a domestic violence, you go into the home, and you look over and you see that same marijuana plant in the window. Now, you have just seen it on their plain view, because you're in a constitutionally protected area. And now you see the marijuana plant. The important distinction is that under plain view, you always have to justify why you're in that place to begin with. So assuming that you didn't see the marijuana plant as you're walking up to the house, you're gonna the report has to make clear why you have lawful authority to even be in the home, whether it's the emergency doctrine, consent by one of the occupants. And there are numerous other judicially recognized exceptions which are going to get you into that home. But the point is if you are not lawfully inside that home, then then you cannot have the Plainview exception apply. So for example, if you make an arrest inside of a home, and let's say the arrest is lawful, let's say you had you were in let's say if during that domestic violence, you were in the home and you decide to arrest the husband, for domestic violence, and now your partner sweeps the whole house, including the basement and upstairs for other suspects. But none of it none of the officers had a reasonable suspicion that anyone else was in the house that could pose a danger. And while upstairs, your partner sees a marijuana grow operation or drugs in plain view, that is unlawful because if the court finds, just like I assume for these facts that there was no reason to the protective sweep...