The “plain view doctrine” is a common law doctrine that permits the warrantless seizure of things in plain view. To engage this doctrine requires the satisfaction of 3 conditions:
- the seizing officer must be lawfully in the place of seizure
- the evidentiary nature of the item must be immediately apparent to the officer through the unaided use of his or her senses; and
- the evidence must be discovered inadvertently.
William Poulos, Barrister