Under the Plain View Doctrine, what must be true about the evidence?

The Plain View Doctrine allows law enforcement officers to seize evidence of a crime without a warrant if certain conditions are met. For evidence to be admissible under this doctrine, it must be immediately apparent that the evidence is contraband or evidence of a crime, and the officer must be legally present in the location where they observe the evidence.

This means that the officer has a right to be in that specific place, whether it be in a publicly accessible area or a location where they have the authority to enter. The immediacy of the evidence being apparent is crucial; it must be clear and obvious to the officer that what they are looking at is related to criminal activity. This immediate recognition allows for the swift action that the doctrine supports, thus preserving evidence before it is hidden or destroyed.

Thus, the inclusion of both requirements—having a legitimate presence and the immediate apparent nature of the evidence—ensures that the guidelines prescribed by the Fourth Amendment, which protects against unreasonable searches and seizures, are upheld while allowing officers to act effectively in the field.