To be a valid seizure under the Plain View Doctrine, what must an officer be doing?

For a seizure to be considered valid under the Plain View Doctrine, an officer must be in a lawful position to observe the item in question. This means that the officer must have the legal right to be present at that location when they see the contraband or evidence in plain view. The rationale behind this requirement is that individuals have a reasonable expectation of privacy, and law enforcement cannot simply invade that privacy to seek out evidence without proper justification.

Being in a lawful place ensures that the officer's observations are legitimate and not the result of illegal intrusion. For instance, if an officer is lawfully on private property or in a public space, they can seize any evidence they can plainly see without additional warrants or probable cause, provided that this evidence is immediately apparent as being connected to criminal activity. This concept upholds both the rights of individuals and the need for effective law enforcement.

In contrast, the other scenarios do not inherently provide the legality needed for a Plain View seizure. Pursuing a suspect may not guarantee that the officer is in a lawful position at the time of the observation. Conducting a search warrant is a separate process that involves an official procedure, while acting on a tip-off does not ensure that the officer is in a position to lawfully seize evidence