Valid Seizure Based on Plain View Doctrine

Question 1

What are the elements of a valid seizure based on the plain view doctrine?

Answer 1

The Supreme Court enumerated the elements of a valid seizure based on the “plain view” doctrine, as follows:

(1) a prior valid intrusion based on the valid warrantless arrest in which the police are legally present in the pursuit of their official duties;

(2) the evidence was inadvertently discovered by the police who have the right to be where they are;

(3) the evidence must be immediately apparent; and

(4) “plain view” justified the seizure of the evidence without any further search.

(People v. Musa, G.R. No. 96177, January 27, 1933)