Plain view doctrine

The plain view doctrine allows an officer to seize, without a warrant, evidence and contraband that are found in plain view during a lawful observation. The doctrine is also regularly used by TSA Federal Government Officers while screening persons and property at U.S. airports.

For the plain view doctrine to apply for discoveries, the three-prong Horton test requires:

In order for the officer to seize the item, the officer must have probable cause to believe the item is evidence of a crime or is contraband. The police may not move objects to get a better view. In Arizona v. Hicks, 480 U.S. 321 (1987), the officer was found to have acted unlawfully. While investigating a shooting, the officer moved, without probable cause, stereo equipment to record the serial numbers. The plain view doctrine has also been expanded to include the sub doctrines of plain feel, plain smell, and plain hearing.

In Horton v. California 496 U.S. 128 (1990), the court eliminated the requirement that the discovery of evidence in plain view be inadvertent, which had led to difficulties in defining "inadvertent discovery."

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