A probable cause search can be done...

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Multiple Choice

A probable cause search can be done...

Plain view is an exception to the warrant rule. If an officer is lawfully present and looks at an area where items are plainly visible, and the incriminating nature of what is seen is immediately apparent without any manipulation, the item can be seized without a warrant. In this scenario, seeing contraband in plain view during a lawful observation means the item fits that exception because its illicit character is obvious at first sight. The other statements don’t fit: a warrant isn’t required under plain view, the suspect’s presence isn’t a factor, and you don’t need to have completed a full vehicle search.

Plain view is an exception to the warrant rule. If an officer is lawfully present and looks at an area where items are plainly visible, and the incriminating nature of what is seen is immediately apparent without any manipulation, the item can be seized without a warrant. In this scenario, seeing contraband in plain view during a lawful observation means the item fits that exception because its illicit character is obvious at first sight. The other statements don’t fit: a warrant isn’t required under plain view, the suspect’s presence isn’t a factor, and you don’t need to have completed a full vehicle search.

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