During a search, an officer observes, in plain view, an item not covered in the warrant. The officer believes the item to be evidence in a separate crime other than the offense currently being investigated by police. In order to seize the item, the officer must have _____ to believe the item is contraband or evidence of a crime.

Question

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In order for an officer to seize an item not covered in a warrant, they must have probable cause to believe the item is evidence of a crime or contraband. Probable cause is a higher standard than reasonable suspicion, clear and convincing evidence, or absolute certainty.

During a Search, an Officer Observes, in Plain View, an Item