For plain view to justify seizure, which conditions must be satisfied?

• A. The item is moved into plain view
• B. The officer sees it through a window
• C. The officer is lawfully present and the incriminating nature is immediately apparent
• D. The item has a warrant

Answer: (C)

Plain view seizure rests on two essential conditions. First, the officer must be lawfully present at the location or situation, not trespassing or exceeding authorized access. Second, the incriminating nature of what is observed must be immediately apparent from that view—there’s no need to search, inspect, or move objects to figure out what it is. If either condition isn’t met, plain view doesn’t justify seizure. The item can be seized without a warrant when these conditions are satisfied. Observing something through a window can still qualify, provided the officer’s presence is lawful and what is seen is immediately recognizable as evidence or contraband. The presence of a warrant isn’t required for plain view.