Plain View Search permits seizure without a warrant under which condition?

Plain View Search permits seizure without a warrant under which condition?

• A. The item is in plain view and there is probable cause to believe it is contraband or evidence
• B. A warrant is always required
• C. Consent is required
• D. The item must be hidden

Answer: (A)

Plain view seizure is allowed without a warrant when the officer is lawfully present and, observing from that lawful vantage, sees an item in plain view and has probable cause to believe it is contraband or evidence. The key is that the item is immediately recognizable as contraband or evidence without any searching, moving, or manipulating. Because the officer’s presence is lawful and the incriminating nature is apparent, no separate warrant is needed for that item. Consent isn’t required, and an item that’s hidden wouldn’t be in plain view, so it wouldn’t qualify for this exception.

Plain view seizure is allowed without a warrant when the officer is lawfully present and, observing from that lawful vantage, sees an item in plain view and has probable cause to believe it is contraband or evidence. The key is that the item is immediately recognizable as contraband or evidence without any searching, moving, or manipulating. Because the officer’s presence is lawful and the incriminating nature is apparent, no separate warrant is needed for that item. Consent isn’t required, and an item that’s hidden wouldn’t be in plain view, so it wouldn’t qualify for this exception.