Under the plain view doctrine, which condition must be satisfied for seizure?

• A. The item may be seized simply because it is in plain view
• B. The officer may seize a plainly visible item if he is lawfully present and the incriminating nature is immediately apparent
• C. The officer needs a warrant to seize any item seen in plain view
• D. The plain view doctrine allows seizure only when contraband is observed during a warrantless search

Answer: (B)

The plain view rule lets a officer seize an item without a warrant only if three things are true: the officer is lawfully where he is when he sees the item, the item is in plain view, and its incriminating nature is immediately apparent from that view. This means the officer doesn’t have to search or move things to figure out what it is; the view itself must reveal that the object is evidence of a crime, contraband, or fruits of crime. If any of these conditions isn’t met—if the officer isn’t lawfully present, or the item isn’t plainly visible, or its incriminating character isn’t immediately obvious—there’s no seizure under plain view, even without a warrant. The key point is that a warrant isn’t required when these criteria are satisfied, but simply seeing something in plain view isn’t enough on its own to permit seizure.