An officer is patrolling a neighborhood. As the officer drives past a yard, she can see a methamphetamine lab. The officer then seizes the lab. This search and seizure was lawful because of the doctrine of plain view.

Question

Quizplus · Accepted Answer

The doctrine of plain view allows for a warrantless search and seizure if the officer has a lawful right to be in the location, the item being seized is immediately apparent to the officer as evidence or contraband, and the officer has probable cause to believe it is evidence or contraband. In this scenario, the officer had a lawful right to be in the neighborhood and the methamphetamine lab was immediately apparent to her, therefore the seizure was lawful under the doctrine of plain view.

An Officer Is Patrolling a Neighborhood