For plain view seizures, what is required regarding officer presence?

• A. Only with a warrant
• B. No, they can seize even if not lawfully present
• C. Yes, officers must be lawfully present to seize in plain view
• D. Only if there is probable cause

Answer: (C)

Plain view seizures rely on the officer being lawfully present at the location when the observation occurs. If the officer is not lawfully present, the item seen in plain view cannot be seized under this doctrine. The item must be seen from a legitimate vantage point without trespassing or exceeding authority, and its incriminating nature must be immediately apparent. When these conditions are met, no warrant is required for the initial seizure, though additional searching or actions may still require a warrant or other justification. Probable cause is a separate standard and not the trigger for a plain view seizure in the moment of observation.