What is required for the plain view doctrine to apply?

• A. The officer must be lawfully positioned to view the item, and its incriminating nature must be immediately apparent.
• B. The officer must be wearing gloves.
• C. The item must be photographed before removal.
• D. The officer must have consent to search.

Answer: (A)

Plain view works when the officer is legally where they are allowed to be and spots something that is obviously incriminating without having to do anything beyond looking. The first requirement is that the officer must be lawfully positioned to view the item, meaning they have a right to be in that place or situation when they notice it. The second is that the incriminating nature of the item must be immediately apparent—there’s no need to manipulate, inspect further, or conduct a search to recognize it as evidence, contraband, or fruit of a crime. Once those conditions are met, the officer may seize the item without a separate search warrant.

Wearing gloves, needing to photograph before removal, or having consent to search aren’t part of the plain view criteria.