Which of the following is NOT a requirement of the plain view doctrine?

• A. The officer must be lawfully present at the location.
• B. The item must be in plain view.
• C. The incriminating nature must be immediately apparent as evidence or contraband.
• D. The officer must obtain a warrant before seizing the item.

Answer: (D)

Plain view allows a seizure without a warrant when three things are present: the officer is lawfully present at the location, the item is seen in plain view, and its incriminating nature is immediately apparent as evidence or contraband. Because those conditions are met, a warrant is not required to seize the item. That’s why the statement about needing a warrant before seizing is not a requirement of the plain view doctrine. The lawful presence ensures there’s no unlawful intrusion, the plain view condition ensures the object wasn’t hidden, and the immediately apparent element provides immediate probable cause without further searching. If any of these elements aren’t satisfied, plain view seizure wouldn’t apply and a warrant or other justification would be needed.