Does the plain view doctrine apply when conducting a protective sweep?

The application of the plain view doctrine during a protective sweep is grounded in the legal standards set forth by the Fourth Amendment, which focuses on search and seizure. The plain view doctrine allows law enforcement officers to seize evidence of a crime without a search warrant if they are lawfully present in a location and observe the evidence in plain sight. However, a protective sweep is a limited and brief intrusion into a dwelling or area, primarily aimed at ensuring officer safety during an arrest or when executing a search warrant.

While conducting a protective sweep, law enforcement can only search areas within a residence where a person might be hiding, justified by the need to protect themselves from potential dangers. This action does not broadly authorize officers to search for evidence unrelated to immediate safety concerns. Therefore, the plain view doctrine does not apply in the same way it typically would during a comprehensive search because the purpose of the protective sweep is safety-centric, not evidentiary.

By focusing on safety and risk assessment rather than evidence collection, officers conducting a protective sweep are limited in their scope and the locations they can search. This leads to the conclusion that the plain view doctrine does not apply during the conduct of a protective sweep.