Which of the following is a required element of the plain view exception to the Fourth Amendment?

• A. The officer must have probable cause to seize the item.
• B. The item must be in a locked container.
• C. The item must be plainly recognizable as contraband or evidence of crime.
• D. The police must obtain a warrant to view the item.

Answer: (C)

The key idea is the plain view rule: an item can be seized without a warrant only if the officer is lawfully present, the item is in plain view, and its incriminating character is readily apparent to the officer without any manipulation. The best answer fits this last element precisely—the item must be plainly recognizable as contraband or evidence of crime. If the officer must move, inspect, or otherwise search to identify the item, plain view doesn’t apply. Likewise, a warrant isn’t needed to view an item only when it’s truly in plain view from a lawful vantage, and being in a locked container or requiring a warrant to see the item would defeat the plain-view scenario.