What is a key characteristic of the plain view doctrine?

An essential characteristic of the plain view doctrine is that evidence must be observed without unlawful entry. This legal principle allows law enforcement officers to seize evidence of a crime without a warrant if they are lawfully present in a location and inadvertently come across the evidence in plain sight. For instance, if an officer is investigating a separate issue and notices illegal drugs on a table visible from a public space, they can seize that evidence because they did not enter unlawfully – they were in a legal position to see it.

The doctrine underscores the importance of lawful presence; if an officer is not in a place they are legally allowed to be, any evidence they observe cannot be seized under this doctrine. This principle serves to balance the need for effective law enforcement while protecting individuals' rights against unreasonable searches and seizures under the Fourth Amendment.