Does plain view require a warrant?

• A. Yes, always.
• B. No, if the officer is lawfully present and can see incriminating evidence, it can be seized.
• C. Yes, except for contraband.
• D. No, only for digital data.

Answer: (B)

Plain view means an officer can seize evidence without a warrant if three things are true: the officer is lawfully present where they are (no illegal intrusion), the item is in plain view, and its incriminating nature is immediately apparent without having to search or manipulate the object. If those conditions hold, no warrant is needed to seize the item, and this can include contraband as well as evidence of a crime.

So the best answer is that plain view does not require a warrant when the officer is lawfully present and can see incriminating evidence, which can be seized. The other statements are too broad or inaccurate: plain view is not about always needing a warrant, it applies to more than just contraband, and it isn’t limited to digital data.