Code of Criminal Procedure · Coolidge v. New Hampshire

Coolidge v. New Hampshire

Coolidge v. New Hampshire is covered under Coolidge v. New Hampshire and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Search Warrants" on practice exams.

To prove this offense, the State must establish each of the following elements: Lawful presence (executing the valid warrant); Item in plain view; Incriminating character immediately apparent; Lawful access to the item.

Elements you must prove

  • Lawful presence (executing the valid warrant)
  • Item in plain view
  • Incriminating character immediately apparent
  • Lawful access to the item

Practice 2 questions on this topic

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Worked examples

Worked example 1

SCENARIO. Officers obtain a search warrant for narcotics at a residence. While executing it, they find an unsecured handgun on the kitchen table. The defendant is a felon. May they seize the firearm?

  1. No — the warrant only authorizes narcotics seizure
  2. Yes, under the plain view doctrine — the officers were lawfully present, the criminal nature was immediately apparent (felon in possession), and access was lawful Correct
  3. No — they need a separate warrant
  4. Only if the firearm is loaded
Why: Officers lawfully present executing a valid warrant may seize items in plain view whose incriminating character is immediately apparent. A felon's possession of a firearm is a crime in itself, so the firearm is properly seized.
Statute: Plain view doctrine; Coolidge v. New Hampshire; Horton v. California; Art. 18.02
Worked example 2

Under the plain view doctrine, an officer may seize an object without a warrant when:

  1. The object is on the suspect's person
  2. The officer is lawfully present, the criminal nature of the object is immediately apparent, and the officer has lawful access to the object Correct
  3. The officer is in a public place
  4. The object is more than $100 in value
Why: Plain view requires (1) lawful presence at the location, (2) immediately apparent criminal nature (probable cause that the item is contraband or evidence), and (3) lawful right of access to the item itself.
Statute: Coolidge v. New Hampshire; Horton v. California