Various Police departments having different policies regarding off duty police officers whom are out of uniform. Off duty police officers can work with on-duty police officers and do the necessary process legally. As they have rights to keep law and order, but limited (Wisegeek).
When issue of a warrant it has to describe exactly the place and the person and also the items which they need to seized. Therefore in this case warrant was issued to search the first floor for a Gun and two stolen paintings. But out of uniform police officer violated the rights and search the second floor as well and found the gun. Exclusions to the Fourth Amendment under doctrine “Plain view” they can search if they feel that in the second floor is suspicious. Therefore 4th Amendment allows the officers to search other places as well (Wisegeek).
According to the Fourth Amendment this Mariah’s case comes under illegal and legal search and seizure, due to illegality, they have search the place which was not mentioned in the warrant. Therefore this seizure of Gun with the address note and the two stolen paintings can be excluded according to the legal doctrine which is explained as “fruit of the poisonous tree”. Due to this doctrine Mariah’s attorney can make a motion to suppress the hand gun, the note attached to it, and the two stolen paintings which were found at the address in the note (Wisegeek).
Also according to the Fourth Amendment under the doctrine of “Plain view”, police offices can argue in the courts too. Therefore Mariah’s case has two legality sides and her attorney can make a motion to suppress the hand gun, the note attached to it, and the two stolen paintings which were in another place which was not in the warrant too. At the same time police officers can object to it, according to the “Plain view” doctrine (Wisegeek).