Prepare for the Fairfax County Criminal Justice Academy Test with flashcards and multiple-choice questions. Each question includes hints and explanations to help you succeed. Get exam-ready!

Multiple Choice

Which doctrine allows seizure of evidence observed in plain view during lawful intrusion without a warrant?

Plain view applies when police are legally where they have a right to be, and something in plain sight reveals evidence of a crime. The crucial point is that the intrusion itself is lawful, the item is seen without moving or searching for it, and its incriminating nature is immediately apparent to the officer. Because of those conditions, no warrant is required to seize that evidence. For example, if officers freely lawfully enter a room to arrest someone and spot drugs sitting on a table, they can seize them under this doctrine. They aren’t allowed to loot around or move objects merely to find more evidence, and the initial lawful presence matters—the view must be truly plain and the incriminating nature obvious. Open field and curtilage concerns deal with where police can be and what they can observe, not with seizing plainly seen evidence during a lawful intrusion. The exclusionary rule matters for whether evidence can be used at trial, not for whether it can be seized on the spot when plainly visible.

Plain view applies when police are legally where they have a right to be, and something in plain sight reveals evidence of a crime. The crucial point is that the intrusion itself is lawful, the item is seen without moving or searching for it, and its incriminating nature is immediately apparent to the officer. Because of those conditions, no warrant is required to seize that evidence.

For example, if officers freely lawfully enter a room to arrest someone and spot drugs sitting on a table, they can seize them under this doctrine. They aren’t allowed to loot around or move objects merely to find more evidence, and the initial lawful presence matters—the view must be truly plain and the incriminating nature obvious.

Open field and curtilage concerns deal with where police can be and what they can observe, not with seizing plainly seen evidence during a lawful intrusion. The exclusionary rule matters for whether evidence can be used at trial, not for whether it can be seized on the spot when plainly visible.