Seizing Items "In Plain View"

Evidence in "plain view" can usually be seized by police without a warrant.

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Police may seize evidence and contraband that are in plain view, as long as the officer is in a place where he has a legal right to be and the seizure won't involve entering a home (some exceptions apply).

"Plain View" Searches

Where was the officer when he spied the evidence or contraband? Did he have a right to be there?

Where Do the Police Have a Right to Be?
When police are physically in a place they have a right to be, there is no search if they observe evidence or contraband.

Police Searches of Yards and Outbuildings
To search areas beyond the immediate home, police may need a warrant.

Common Questions

Is evidence in "plain view" when an officer sees it from an airplane?