Also known as:plain sight rule · plain-view rule · plain view doctrine
Written by attorneys · grounded in primary & secondary sources — see below
A doctrine permitting a police officer to seize without a warrant an item observed in plain view from a lawful position when the officer has probable cause to believe the item is evidence of a crime or contraband. The incriminating nature of the item must be immediately apparent from the officer's vantage point and training. Physical manipulation of the item to discover additional information constitutes a separate search that requires its own probable cause and justification.
Sources & Authorities
How it applies
Common Examples
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Officer Seizes Opaque Bag of Pills
Officer Hill lawfully stops Paula Pierce for speeding and stands outside her car. He shines a flashlight into the passenger seat and sees an opaque knotted plastic bag of mixed unlabeled pills. Drawing on his prescription-fraud task force experience, Hill concludes the bag contains contraband and seizes it immediately. The seizure is valid because Hill was lawfully present, the bag was in plain view, and his training supplied probable cause that the item was illegal drugs.
Detective Spots Laptop During Warrant
Detective Ortiz executes a valid warrant at Pearl Porter's software startup for server records. While in the lounge she sees a gaming laptop on a table and suspects it is stolen. Ortiz picks up the laptop, flips it over to read the serial number, and then seizes it. The seizure is unlawful because turning the laptop to expose the serial number was a separate search unsupported by probable cause.
Select any source to read its text and confirm it supports the definition.
Cases
Dictionaries
Coolidge v. New Hampshire403 U.S. 443 (1971)
Officer Tips Bike to Read Serial
Detective Lopez executes a warrant at Patrick Phan's cycling office for betting ledgers. In an adjacent room he sees high-end bikes and suspects one is stolen. Lopez tips a bike to expose the underside serial number and then seizes it. The seizure is unlawful because the physical manipulation created a new search that lacked probable cause before the serial number was revealed.
United States v. Feola420 U.S. 671 (1974)
Agent Rotates Smart Meter on Shelf
Agent Miller executes a warrant at Penelope Price's energy office for billing records. In a storeroom she sees stacked smart meters and recalls a bulletin about stolen equipment. Miller picks up one meter, rotates it to read the serial label, and seizes it. The seizure is unlawful because the rotation was a separate search conducted without probable cause that the specific meter was stolen.
Horton v. California496 U.S. 128 (1990)
Common questions
Frequently Asked
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What level of certainty must an officer have before seizing an item in plain view?+
The officer must have probable cause to believe the item is contraband or evidence of a crime. Absolute certainty is not required. Training and experience can supply the basis for probable cause even when the item's illicit nature would not be obvious to a lay observer.
Supporting sources
Does plain view permit an officer to move an object to check for a serial number?+
No. Moving or manipulating an object to obtain additional information such as a serial number constitutes a separate search. That search requires its own probable cause and a warrant or exception. Without it the subsequent seizure is unlawful.
Supporting sources
Must discovery of the item be inadvertent for the plain view doctrine to apply?+
No. The doctrine does not require that the officer's discovery of the item be inadvertent. Officers may seize an item in plain view even if they expected to find it while executing a warrant for other objects, provided the other requirements of the doctrine are met.
Supporting sources
Can an officer rely on specialized training to establish probable cause for a plain view seizure?+
Yes. Probable cause is judged from the perspective of a reasonable officer with the same training and experience. Distinctive packaging or appearance that would not signal contraband to a layperson can still supply probable cause when viewed through the lens of the officer's expertise.
Supporting sources
403 U.S. 443 (1971)White Collar Crime Law
…evidence of the crime would be found in petitioner's home and automobile. The seizure of the clothing was justified under the plain view doctrine once the officers were lawfully in the home with the consent of petitioner's wife. With respect to the automobile, I believe the warrant was valid. The Attorney General, while involved in…
Criminal Law Constitutional ProtectionsConstitutional protections of accused persons · Arrest, search, and seizure [Fourth Amendment]NEXTGENFoundational