What must be immediately apparent for a legitimate plain view seizure?

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In a legitimate plain view seizure, the incriminating character of the object must be immediately recognizable. This means that law enforcement officers must have probable cause to believe that the item is associated with criminal activity without needing to conduct an additional search or further investigation. The key principle here is that the officer, while lawfully present in a location, observes an item that clearly appears to be evidence of a crime or illegal contraband.

For instance, if an officer sees illegal drugs on a table during a lawful encounter at a residence, the immediate recognition of those drugs as illegal allows them to seize the items without a warrant. This requirement helps to ensure that the plain view doctrine is not abused by allowing officers to rummage through items out of mere curiosity.

The other options do not meet the legal standards for plain view seizures. An object being larger than a breadbox or belonging to a known criminal does not necessarily relate to its incriminating nature. Additionally, the location of the object, such as being in a locked container, would negate the plain view aspect since the officer would not be lawfully able to access the object without a warrant or further legal justification.

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