A federal officer with an arrest warrant goes to a suspect's home. Having encountered this suspect previously, the officer knows that there will probably be controlled substances and related items lying around the apartment. Seizure of any such items as evidence would be unlawful under plain view because of the inadvertent discovery requirement.

Question

Quizplus · Accepted Answer

Seizure of any items as evidence would only be unlawful under plain view if the inadvertent discovery requirement is not met. If the officer had prior knowledge of the presence of controlled substances and related items, the plain view doctrine would not apply and the officer may lawfully seize the evidence.

A Federal Officer with an Arrest Warrant Goes to a Suspect's