Under what circumstances does the plain view doctrine allow for a warrantless seizure of evidence or contraband?

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The plain view doctrine allows law enforcement officers to seize evidence without a warrant when three key conditions are met, one of which is that the officer must be lawfully present in a position to make the observation. This means that the officer has a legal right to be in that location at the time of witnessing the evidence or contraband. Being lawfully present ensures that the officer's observation is not in violation of the Fourth Amendment rights against unreasonable searches and seizures.

When an officer is in a legitimate position to observe contraband or evidence, that visibility grants them the authority to act. The officer does not need a warrant to seize items that they can see if they are evident, readily accessible, and the officer has a reasonable belief that what they are seeing is evidence of a crime or contraband.

This emphasizes the importance of legality—if an officer is not authorized to be in that position, any evidence observed may not be admissible in court. Therefore, the lawfulness of the officer's presence is a foundational element of the plain view doctrine that allows for the warrantless seizure of items.

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