Plain View Doctrine

Question 1

What are the elements of the plain view doctrine?

Answer 1

1. Police view must be from a lawful vantage point
2. officers must have lawful access to seize the object
3. must be immediately apparent that the object is seizable

Question 2

Are warrantless seizures of objects in public valid?

Answer 2

Yes, so long as there’s probable cause to think that the object is seizable

Question 3

If police are acting on a warrant exception when intruding on a constitutionally protected area, can they seize items in plain view?
Horton v. California (1990)

Answer 3

Where the initial intrusion that brings police within plain view of seizable item is supported by a recognized exception to a warrant requirement, seizure of an item in plain view is also legitimate

Question 4

What standard of evidence is required to invoke the plain view doctrine?
Arizona v. Hicks (1987)

Answer 4

Probable cause is required to invoke the plain view exception to the warrant requirement