An officer has made a lawful arrest for fraudulent checks at the arrestee's residence. During a valid protective sweep the officer opens a door in the hallway next to the exit and observes a marijuana plant, grow-light, and plant food in the closet. The officer may _____.

Question

Quizplus · Accepted Answer

The officer may seize the items under the plain view doctrine since the officer was lawfully present and had a lawful reason for being in the area where the illegal items were observed. The officer did not need to wait for the suspect to be within reach of the closet since the items were in plain view.

An Officer Has Made a Lawful Arrest for Fraudulent Checks