What is Plain view doctrine?
The '''plain view doctrine''' allows [[Police officer|law enforcement officers]] to collect [[evidence]] or [[contraband]] found in plain view while they are [[lawful]]ly present. It is an exception to items spelled out in a [[warrant (law)|search warrant]] and to the [[Fourth Amendment to the United States Constitution|Fourth Amendment]] protection against un[[wikt:reasonable|reasonable]] [[Search and seizure|searches and seizures]].<ref name=Policelink>{{cite web |url=http://policelink.monster.com/training/articles/2043-plain-view-doctrine- |title=Plain View Doctrine |publisher=PoliceLink |access-date=12 February 2016 |archive-date=6 September 2015 |archive-url=https://web.archive.org/web/20150906134043/http://policelink.monster.com/training/articles/2043-plain-view-doctrine- |url-status=dead }}</ref> The doctrine is based on the [[Supreme Court of the United States|United States Supreme Court]] decision ''[[Horton v. California]]''.<ref name=Policelink/> The court held that the Fourth Amendment does not prohibit warrantless seizures of any evidence which is in plain view.<ref name=Policelink/> == Horton test == There are three conditions, all of which must be satisfied, in order to uphold a seizure under the plain view doctrine:<ref>{{cite web |url=http://www.olemiss.edu/depts/ncjrl/pdf/Law%20Enforcement%20Materials/Plain%20View%20Doctrine.pdf |title=Plain View |author=Priscilla M. Grantham |date=2010 |publisher=National Center for Justice and the Rule of Law |access-date=12 February 2016 |archive-date=16 June 2015 |archive-url=https://web.archive.org/web/20150616021130/http://www.olemiss.edu/depts/ncjrl/pdf/Law%20Enforcement%20Materials/Plain%20View%20Doctrine.pdf |url-status=dead }}</ref> # the item must be in plain view of the officer, # the officer must lawfully be in the place where he discovered the evidence, and # the incriminating nature of the evidence must be immediately apparent. == Conditions == In order for an officer to [[Confiscation|seize]] an item, the officer must have [[probable cause]] to