Which statement is true regarding observations in plain view?

• A. The officer must be lawfully present at the location
• B. The item must be in evidence
• C. The item must be contraband
• D. The officer must have probable cause

Answer: (A)

The key idea is that plain view only works if the officer is lawfully present where the observation occurs. When a officer has a legitimate right to be at the location—by warrant, consent, or a lawful intrusion—the items seen in plain sight can be seized without a warrant if their incriminating nature is immediately apparent. If the officer isn’t lawfully present, plain view doesn’t apply, regardless of what’s seen. The item doesn’t have to already be in evidence, nor does it have to be contraband in every case—the important part is that the item is incriminating or evidence, and its incriminating character is immediately obvious. Probable cause for seizure isn’t required at the moment of sighting under plain view, though it may be developed later.