What is required for a plain view search?

For a plain view search, the requirement that the officer must be in a lawful location is fundamental. If an officer is legally present in a given area, they are permitted to observe what is in plain view. This principle is rooted in the Fourth Amendment, which protects against unreasonable searches and seizures. The law holds that if an officer has the right to be where they are, anything they observe in plain view can potentially be seized without a warrant.

The existence of a search warrant or consent from the individual, while important in many searches, is not necessary for a plain view search as long as the officer's presence is justified. Probable cause may factor into the decision to seize an item, but it is the officer’s lawful presence that is the critical element that enables them to conduct a plain view search. Thus, being in a position to lawfully view the item is what legitimizes the search in that scenario.