Under plain view, can an innocent object (such as a cell phone) be seized if there is reason to believe it contains incriminating evidence?

• A. Yes, if believed to contain incriminating evidence
• B. No, never
• C. Yes, always
• D. Yes, but only with a warrant

Answer: (A)

Under plain view, officers may seize items they see in a place they are legally entitled to be, if the item’s incriminating nature is immediately apparent. An object that seems innocent can still be seized if there is reason to believe it contains incriminating evidence, because the evidence might be inside the object and the officer has a basis (probable cause) to think it contains something illegal or tied to a crime. The key is lawful access and the immediate perception that the item—potentially containing evidence—is evidence itself or likely to yield evidence once reviewed, not that the item’s appearance shows it is criminal on its own. This differs from requiring a warrant for every item; if those conditions are met, seizing the object to preserve potential evidence is justified.