Plain view doctrine?

• A. Items in plain view during lawful observation may be seized if their incriminating nature is immediately apparent.
• B. Any item seen is seized.
• C. Only items from a search warrant can be seized.
• D. Plain view applies only to video evidence.

Answer: (A)

Plain view lets an officer seize evidence without a warrant when the item is in plain sight during a lawful observation and its criminal nature is immediately obvious. For this to apply, the officer must be legally present and have the right to view the area, and no digging or moving of objects is needed to identify the incriminating character. If something’s criminal nature is clear at first glance, it can be seized on the spot. This doesn’t mean every item seen is seized—only those that are in plain view and whose incriminating character is readily apparent. It also isn’t limited to warrants for every seizure; plain view permits removal of such items without a warrant under the right circumstances. And it covers physical objects observed in person, not only video evidence.