What is required for a legal plain view seizure?

For a legal plain view seizure, it is essential that the officer must be where entitled, which means the officer is in a location where they have a legal right to be, and they must recognize the item as evidence or contraband. This principle stems from the Fourth Amendment, which protects against unreasonable searches and seizures. In the context of plain view, it allows officers to seize items that are clearly visible and that they have an immediate right to inspect, provided they come across them while legally present in a designated area.

Being in a public place may facilitate this process but is not a requirement, as officers can also be in private locations (like a lawful search of a residence) and still observe items in plain view. The item does not need to be outside; it can be inside a home or building. Additionally, it is not necessary for the item to be in the suspect's possession, as it can be located anywhere that the officer has a right to be. Therefore, the focus is on the officer's legal presence and recognition of the item, which aligns with the standard established for lawful plain view seizures.