Which of the following is a requirement for a legitimate plain view seizure?

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The requirement for a legitimate plain view seizure is grounded in the principle that law enforcement officers must be lawfully positioned to see the object they intend to seize. This means that the officers must be in a place where they have the right to be, such as a public area, or during their response to an emergency or lawful execution of duties. When an item is in plain view and the officers have a lawful right to be there, they can seize the object without a warrant, as long as it is immediately apparent that the item is evidence of a crime or contraband.

The other options do not meet the criteria established for plain view seizures. Officers do not need to be on a personal mission or have an active warrant to conduct a plain view seizure, and prior knowledge of the object is not a requirement; rather, the key is that the item is immediately recognizable as connected to criminal activity when seen. Thus, being lawfully positioned is essential for the legitimacy of the seizure in plain view circumstances.

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