Under the Plain View doctrine, which element is NOT required for a seizure?

• A. The officer must be lawfully present at the location.
• B. The item must be clearly visible.
• C. The seizure must be inadvertent.
• D. The incriminating nature must be immediately apparent.

Answer: (C)

Plain View lets officers seize items seen in plain sight without a warrant when they are lawfully present and the item is plainly incriminating at a glance. The essential requirements are that the officer is legally in the location, the object is in plain view, and its incriminating nature is immediately apparent. Inadvertence is not required; an officer may seize the item even if they intended to find something else, as long as the other conditions are met. Therefore, the element that is not required is that the seizure must be inadvertent.