ABSTRACT

The plain view doctrine states that items within the sight of an officer who is legally in a place from which the view is made may be seized without a warrant as long as such items are immediately recognizable as subject to seizure. Items in plain view are not protected by the Fourth Amendment guarantee against unreasonable searches and seizures; thus, no warrant or probable cause is necessary for a valid seizure. There are, however, three requirements for the plain view doctrine to apply:

1. The item must be within the officer’s sight. 2. The officer must legally be in the place from which the item is seen. 3. It must be immediately apparent to the officer that the item is subject to seizure.