Under the plain view doctrine, which condition must be satisfied for seizure without a warrant?

Under the plain view doctrine, which condition must be satisfied for seizure without a warrant?

• A. The item is observed in plain view at a private residence
• B. The officer must have probable cause to seize
• C. The seizure requires a warrant
• D. The officer must be lawfully present and the incriminating nature is immediately apparent

Answer: (D)

Plain view lets a seizure happen without a warrant only when two things are true: the officer is lawfully present at the location, and the incriminating nature of what is seen is immediately apparent. The officer must be in a position where they had a right to be, and what is observed must clearly reveal that it is evidence of a crime or contraband without needing to search, manipulate, or test it further. In such situations, no prior probable cause or warrant is required for seizure.

Plain view lets a seizure happen without a warrant only when two things are true: the officer is lawfully present at the location, and the incriminating nature of what is seen is immediately apparent. The officer must be in a position where they had a right to be, and what is observed must clearly reveal that it is evidence of a crime or contraband without needing to search, manipulate, or test it further. In such situations, no prior probable cause or warrant is required for seizure.