Which element is required for plain view to justify seizure?

• A. The officer must have a warrant for the item.
• B. The item must be inside a container to be seized.
• C. The officer must obtain consent to seize the item observed.
• D. The officer is lawfully present at the location.

Answer: (D)

Plain view seizures hinge on the officer being lawfully present at the location. If you’re legally there, anything in plain sight that is immediately recognizable as evidence of a crime or contraband can be seized without a warrant, as long as you don’t need to manipulate or search to see it and it’s clearly observable. The item doesn’t need to be outside a container, and you don’t need consent for the seizure itself because the lawful presence already justifies it. The warrant isn’t required for the item itself, and the key trigger is that you had a legitimate, lawful vantage when you observed the item.