If an officer finds evidence in plain view, what must they still comply with?

When an officer finds evidence in plain view, they must comply with the exclusionary rule. This legal principle prohibits the use of evidence gathered in violation of the Fourth Amendment, which protects against unreasonable searches and seizures. While evidence in plain view can often be seized without a warrant—provided the officer is lawfully present and the nature of the evidence is immediately apparent—the exclusionary rule still mandates that such evidence must have been obtained in a manner consistent with constitutional protections.

If the evidence was obtained through illegitimate means, it could be deemed inadmissible in court, regardless of whether it was found in plain view. This accountability helps uphold citizens' rights against unlawful governmental intrusion.

The other options involve processes or considerations that do not strictly apply when dealing with evidence discovered in this manner. For example, securing a subsequent warrant is typically unnecessary for plain view evidence as long as the seizure meets the criteria of legality established by the exclusionary rule. Articulating probable cause for the search is also not required in the event of a plain view seizure, since the officer’s legitimate presence and immediate awareness of the evidence are considered sufficient. Finally, ensuring the scene is safe is a general police practice but is not specifically tied to the legality of seizing evidence in plain view