What is 'plain view' seizure and what must be true for it to apply?

• A. Evidence in plain view during a lawful intrusion can be seized without a warrant; the officer must have lawful access and the incriminating nature must be immediately apparent.
• B. The officer must have a warrant
• C. The item must be contraband
• D. The officer must identify the item as evidence before seizing

Answer: (A)

Plain view seizure happens when an officer is lawfully present in a location and, by simply looking, sees something in plain view that is immediately recognizable as evidence of a crime or as contraband. The three essential factors are: the officer has lawful access to the area, the item is seen in plain view without any search or rummaging, and its incriminating nature is immediately apparent to the officer. If those conditions are met, the officer may seize the item without a warrant. The absence of a warrant is allowed only because the initial intrusion is lawful and the view is plain; the item does not have to be identified as evidence beforehand, it must be clearly recognizable as such at the moment of viewing.