Under plain view, can an innocent object (such as a cell phone) be seized if there is reason to believe it contains incriminating evidence?

Under plain view, can an innocent object (such as a cell phone) be seized if there is reason to believe it contains incriminating evidence?

• A. Yes, if believed to contain incriminating evidence
• B. No, never
• C. Yes, always
• D. Yes, but only with a warrant

Answer: (A)

Under plain view, officers can seize items they observe in a lawful encounter if the item’s incriminating nature is readily apparent or if the item itself is evidence of a crime. If an innocent object is in plain view and there is reason to believe it contains evidence, that belief can justify seizing the object to preserve potential evidence. The key idea is that the seizure happens because the object is seen in plain view during a lawful situation and there is a basis to think it contains relevant evidence, not because the object itself is illegal. A warrant isn’t required to seize the object itself in that moment, though inspecting the contents later would typically require additional legal authority.