MBE Rules · Criminal Procedure
Warrant exception — plain view
The rule
Items in plain view may be seized without a warrant if (1) the officer is lawfully present at the vantage point, (2) the incriminating nature of the item is immediately apparent (probable cause), AND (3) the officer has lawful access to the item itself.
In plain English
Police can take things they see without a warrant if they're allowed to be where they are, it's obvious the thing is illegal or evidence, and they can legally get to it.
Worked example
Officer A enters a house with the owner's permission and sees illegal drugs on the table. Since Officer A is allowed inside, it's clearly illegal, and he can reach it, he can seize the drugs without a warrant.
Memory hook
Plain View: See it, seize it! Lawful spot, clear crime, easy grab—no warrant needed.
The trap
Students think: Any visible item can be seized. Wrong, because officer needs lawful presence and clear incriminating nature. The actual test is all three elements: lawful presence, obvious incrimination, and access.
How examiners test it
MBE setup: officer sees item from public sidewalk, it's clearly contraband. Trap: students assume seizure is fine, but miss lawful access requirement—officer can't enter without warrant or another exception.
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