What is a basic requirement of the plain view doctrine?

The basic requirement of the plain view doctrine is that officers must have a legal right to the location from which they make their observation. This means that while law enforcement may seize evidence without a warrant if it is clearly visible, they must be in a position legally permitted to view that evidence.

For instance, if an officer is conducting a traffic stop, they are legally on the scene and can see contraband in plain sight from their position. However, if they entered the property without permission or a warrant, any evidence they observe would not fall under the plain view doctrine. This principle safeguards against unreasonable searches while allowing police to act on evidence that is immediately apparent when they are lawfully present.

The other options miss important aspects of the doctrine. The necessity for a warrant is not compatible with the doctrine, as it specifically allows for warrantless seizures in this context. The presence or absence of a suspect does not influence the legality of the officers’ observations, nor is there a requirement for officers to announce their presence for the doctrine to apply.