Under what condition may evidence be seized under the plain view doctrine?

• A. Only if the officer signs a consent.
• B. Evidence in plain view during a lawful observation may be seized.
• C. If the officer smells it.
• D. If the evidence is in a locked container.

Answer: (B)

Plain view works because a lawful presence and a straightforward observation allow seizure of obviously incriminating evidence without a warrant. The officer must be lawfully in a position to see the item, and what is seen must be clearly evidence or contraband with no additional searching or manipulation needed. If those conditions are met, seizing the item is permitted right then, even though there was no prior warrant. The other options don’t fit because they introduce consent, sniffing, or visibility through a barrier as required conditions, which aren’t part of the plain view rule. For example, seeing drugs on a dashboard during a legitimate stop is plain view—no warrant or extra intrusion needed.