Under the plain view doctrine, which conditions allow seizure without a warrant?

• A. The officer was lawfully positioned and the incriminating nature was immediately apparent.
• B. The officer had probable cause.
• C. The officer had a search warrant.
• D. The item owner consented.

Answer: (A)

Plain view allows a seizure without a warrant only when the officer is lawfully standing where they are and the incriminating nature of what they see is immediately apparent from that vantage point. The officer must not have violated the person’s privacy or conducted an unlawful search to observe the item, and the item’s meaning as evidence or contraband must be clear without further inspection or manipulation. If there’s a warrant, or if the owner consents to a search, those are separate ways to justify a seizure and do not rely on plain view. Simply having probable cause to believe something is illegal isn’t enough by itself without the officer being lawfully positioned and the incriminating nature being obvious.