Do police need a warrant to seize items in plain view which are clearly illegal?
A. No. Under the plain view doctrine, if police are lawfully in a position from which they view an object, if its incriminating character is immediately apparent, and if the officers have a lawful right of access to the object, they may seize it without a warrant. See Horton v. California, 496 U.S. 128, 136-137 (1990).
Related Questions
- Can officer look around a house and seize incriminating items in plain view when in the house to arrest someone pursuant to a valid warrant?
- If the police search my residence, vehicle, or other place, and seize items, is that evidence automatically admissible in a trial?
- Do police need a warrant to seize items in plain view which are clearly illegal?
