What is required for an officer to lawfully access evidence outside of plain view?

For an officer to lawfully access evidence that is not in plain view, a search warrant is required. A search warrant is a legal document issued by a judge or magistrate that authorizes law enforcement to conduct a search of a specified location for evidence of a crime. The requirement of a search warrant is rooted in the Fourth Amendment of the U.S. Constitution, which protects individuals against unreasonable searches and seizures.

When evidence is not in plain view, it typically means that the officer does not have a right to be in a certain area, and therefore, specific legal justification is needed to intrude into that space to obtain evidence. This justification is provided by the search warrant, which must be supported by probable cause and specify the items being searched for.

While consent from the property owner can also allow access to evidence, it is not mandatory in all situations; a warrant provides an authoritative and legally sound method for obtaining evidence. Visible evidence of a crime (plain view doctrine) permits officers to seize items without a warrant if they are legally present and can see that evidence, but this does not apply when evidence is outside their view. Lastly, probable cause from informants can lead to the issuance of a warrant but is insufficient on its own without the warrant itself