Which conditions must be met for a plain-view seizure to be valid?

• A. The officer is in a position to view the object
• B. The officer reasonably believes the object is contraband or evidence
• C. Both conditions are met
• D. The object itself must be contraband or evidence

Answer: (C)

Plain-view seizures rest on two essential conditions. First, the officer must be legally present in a place where the object is visible—the view must occur during a lawful observation, not after an unlawful entry or search. Second, what is seen must be immediately recognizable as contraband or as evidence of a crime, without the officer having to manipulate, move, or search further to confirm its nature. If either element is missing, the seizure isn’t valid.

So the best answer is that both conditions must be met. If the officer isn’t legally allowed to be where the object is visible, the seizure can’t rely on plain view. If the object’s incriminating nature isn’t immediately apparent from a plain view, no seizure under plain-view doctrine is justified without further investigation. The item itself doesn’t have to be inherently contraband, but the officer’s view must clearly reveal its contraband or evidentiary character right away.