What is the general rule for plain view seizures?

What is the general rule for plain view seizures?

• A. Warrant-less seizure of evidence that is in plain view from a location where the officer is lawfully present is permissible.
• B. It requires probable cause to seize
• C. Plain view applies only to residential searches
• D. A warrant is always required before seizure

Answer: (A)

Plain view seizures rest on the idea that police may seize evidence without a warrant when they are legally allowed to be where they observe it and the incriminating nature of the item is immediately apparent. If an officer has lawful access to the location and, simply by looking, can recognize that the item is contraband or evidence of a crime, it may be seized without a warrant. The officer may not need to move objects or conduct a search to identify what it is, and the discovery must occur in a place the officer is authorized to be. This rule applies beyond just homes, to any scene where the officer is lawfully present. So the option describing warrantless seizure under plain view is the best fit. The other statements either overstate the necessity for a warrant, limit plain view to residences, or misstate the level of probable cause required.

Plain view seizures rest on the idea that police may seize evidence without a warrant when they are legally allowed to be where they observe it and the incriminating nature of the item is immediately apparent. If an officer has lawful access to the location and, simply by looking, can recognize that the item is contraband or evidence of a crime, it may be seized without a warrant. The officer may not need to move objects or conduct a search to identify what it is, and the discovery must occur in a place the officer is authorized to be. This rule applies beyond just homes, to any scene where the officer is lawfully present. So the option describing warrantless seizure under plain view is the best fit. The other statements either overstate the necessity for a warrant, limit plain view to residences, or misstate the level of probable cause required.