What are the requirements for a lawful plain view seizure?

A lawful plain view seizure requires specific criteria to be met, which include legal entry into a location, the apparent incriminating nature of the evidence, and the presence of contraband. This means that the officer must have a right to be in the location where they see the evidence, that the evidence must be immediately recognizable as something illegal or related to criminal activity, and that what they observe must be in a place where they have the lawful right to be.

Legal entry is crucial because if an officer does not have the right to enter a space (such as without a warrant, consent, or exigent circumstances), then they cannot claim the plain view doctrine to seize evidence. The evidence's apparent incriminating nature ensures that the officers can confidently conclude that the items observed are connected to crimes without needing to inspect them further. Finally, contraband being present solidifies the basis for seizure since plain view applies to items that are illegal, rather than anything that might merely be suspicious.

The other options do not fully capture the requirements as effectively. For instance, search consent by the owner and an active crime scene, while relevant in other contexts, do not accurately represent the fundamental requirements of a plain view seizure. Similarly, obvious visibility and police discretion are too