In the Fourth Amendment search & seizure context, any objects falling in plain view of an officer who has the right to be in the position to have that view are subject to seizure without a warrant and may be introduced as evidence.

Under the plain view doctrine, warrantless seizure of incriminating evidence may be permitted when police are lawfully searching specified area if it can be established that police had prior jusitification for intrusion into area searched, that police inadvertently came across item seized, and that it was immediately apparent to the police that the item seized was evidence.

Elements

  • Lawful vantage point
  • Right to access the object
  • Right to seize is immadetly apparent

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