MBE Rules · Criminal Procedure
Plain View Doctrine
Horton v. California
The rule
Officers may seize an item without a warrant when lawfully present at the vantage point, the item's incriminating character is immediately apparent, and they have lawful access to it.
In plain English
The Plain View Doctrine allows law enforcement officers to take evidence without a warrant if they are legally in a position to see it, the item clearly appears to be evidence of a crime, and they can reach it without breaking the law. This means that if an officer is doing their job and sees something illegal, they can seize it right away.
Worked example
While responding to a noise complaint, officers enter a home and see a bag of illegal drugs sitting on the coffee table. Since the officers are lawfully present and the drugs' illegal nature is obvious, they seize the bag without a warrant. The drugs are admissible as evidence in court.
Memory hook
If you see it and it's illegal, grab it—no warrant needed!
The trap
Exams may present scenarios where officers are in a questionable position or where the incriminating nature of the item is not immediately clear, leading students to misapply the doctrine. Watch for details that could affect the legality of the officers' presence.
How examiners test it
Questions often test the nuances of lawful presence and the immediacy of the item's incriminating nature, sometimes including fact patterns that challenge whether the officers acted within the scope of the doctrine.
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