Which term describes evidence discovered in plain sight during a lawful search?

• A. Fruit of the poisonous tree
• B. Boulevard evidence
• C. Best evidence
• D. Plain View

Answer: (D)

Plain View describes evidence that can be seized without a warrant when an officer, lawfully present at the location, observes it in plain sight and immediately recognizes its incriminating nature. The officer must have a legal right to be where the item is seen, and nothing about the observation requires rummaging or moving objects to reveal it. The incriminating nature must be apparent without any additional searching or manipulation.

Other terms refer to different concepts: fruit of the poisonous tree covers evidence obtained illegally and its fruits, best evidence relates to the original documents or recordings required by the best evidence rule, and boulevard evidence is not a recognized doctrine.