What must be present for a plain view search exception to apply?

For the plain view search exception to apply, prior justification for intrusion into a protected area is essential. This principle stems from the Fourth Amendment, which protects citizens against unreasonable searches and seizures. The plain view doctrine allows law enforcement officers to seize evidence of a crime without a warrant when it is in plain sight, provided that the officer is lawfully in a position to view that evidence.

The requirement for prior justification means that the officer must have a legal reason to be in the location from which they observe the item. For instance, if officers are executing a warrant or conducting a lawful arrest and, during this lawful action, they observe evidence of another crime in plain view, they can seize it without obtaining a separate warrant. This legal authorization ensures that the rights of individuals are balanced with the need for effective law enforcement.

In contrast, being in a public place, the innocuous nature of observed items, and the need for simultaneous arrest do not satisfy the core requirement of prior justification for intrusion. The lawful presence of the officer is what legitimizes the plain view exception, allowing them to act on what they can see without further infringing on an individual’s rights.