Legal Question in Legal Ethics in Wisconsin

can police, take an item, that is outside of your home, without a search warrant.


Asked on 1/14/16, 3:20 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Yes, under the "plain view" doctrine, police do not need a warrant to gather evidence as to easily seen items which are outside, viewable from a location where police have a right to be present. Since you have no expectation of privacy for items in public locations, no warrants are required. Coming onto private property, however, often requires a warrant, unless some other facts, such as medical emergencies, welfare checks, or hot pursuit are present.

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Answered on 2/01/16, 3:56 am


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