Under the Plain View Doctrine, which two conditions must be satisfied?

• A. The officer is lawfully present and recognizes it to be contraband
• B. The officer has a search warrant
• C. The item is in plain view and the officer has probable cause
• D. The officer obtains consent

Answer: (A)

Plain View allows seizure without a warrant only when the officer is legally present at the location and the incriminating nature of the item is immediately apparent. The best choice captures these two elements: the officer is lawfully present, and the item is recognized as contraband at the moment it is seen. Being lawfully present ensures there’s no unlawful intrusion, and the item’s immediately apparent contraband status provides the probable cause needed to justify seizure without a search.

Why the other options aren’t as fitting: requiring a search warrant isn’t necessary for plain view, so that option isn’t the defining factor. An option that mentions the item being in plain view plus probable cause omits the essential point that the officer must be lawfully present to observe it. Consent can permit searches or seizures but isn’t a requirement for plain view, which stands on lawful presence and the immediately apparent nature of the contraband.