Criminal Procedure

Plain View


Police may seize evidence that is in plain view without a warrant.

For the plain view exception to apply, it must be immediately apparent that the item is illegal from a location where the officer is lawfully located.

Although it is called the "plain view" doctrine, an officer may seize evidence he detects with any of his senses. Most notably, it permits the seizure of evidence felt during a stop-and-frisk that is immediately determined to be illegal.