The plain view doctrine permits seizure of evidence when what condition is met?

• A. The officer must have probable cause.
• B. The officer is lawfully present at the location and the discovery is in plain view.
• C. A warrant is required for plain view.
• D. The item must be contraband.

Answer: (B)

Plain view allows seizure only when the officer is legally present at the location and, without any special search, notices something in plain view that is immediately recognizable as evidence of a crime or as contraband. The key is being in a place the officer had a right to be (such as with a warrant, consent, or other lawful authority) and observing an item that, by its nature, requires no further investigation to establish its incriminating character. Under these conditions, no separate warrant or probable-cause justification is needed at that moment, and the item need not be contraband—its immediate incriminating appearance is enough.