The following excerpt is from United States v. Babilonia, 854 F.3d 163 (2nd Cir. 2017):
The "plain view" exception to the Fourth Amendment's warrant requirement is well-established. United States v. Andino , 768 F.3d 94, 99 (2d Cir. 2014). Under the plain view doctrine, a law enforcement officer may seize evidence without
[854 F.3d 180]
a warrant if (1) the officer is "lawfully in a position from which [the officer] view[s] an object," (2) the object's "incriminating character is immediately apparent," and (3) the officer has "a lawful right of access to the object." Minnesota v. Dickerson , 508 U.S. 366, 375, 113 S.Ct. 2130, 124 L.Ed.2d 334 (1993). When an officer, during a justified intrusion, encounters incriminating evidence, "[t]he doctrine serves to supplement the prior justificationwhether it be a warrant for another object, hot pursuit, search incident to lawful arrest, or some other legitimate reason for being present unconnected with a search directed against the accusedand permits the warrantless seizure." Horton v. California , 496 U.S. 128, 135-36, 110 S.Ct. 2301, 110 L.Ed.2d 112 (1990).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.