A lawfully conducted arrest in public reveals contraband in plain view. What must be true for seizure?

• A. The officer's view must be open and lawful.
• B. The officer must obtain a warrant first.
• C. The officer must inform the occupant before seizing.
• D. The contraband must be visible from a public street.

Answer: (A)

Plain view seizure rests on being lawfully present and able to observe the item without disturbing the scene. If an arrest is lawfully conducted in public, anything in plain view that is incriminating can be seized without a warrant as long as the officer’s observation was open and lawful. The key point is that the officer didn’t violate rights to see the contraband; the sighting occurs through a legitimate vantage point and within the scope of the arrest.

Warrants aren’t required for plain view seizures, informing the occupant isn’t needed, and it isn’t required that the contraband be visible from a street or public place—the essential requirement is a lawful, open view of the incriminating item.