What is a key characteristic of a seizure in plain view?

A key characteristic of a seizure in plain view is that it must be seen from a lawful position. This principle is grounded in legal precedent and ensures that evidence can be obtained without violating a person's Fourth Amendment rights against unreasonable searches and seizures. For law enforcement to seize evidence without a warrant, they must be in a place where they have a right to be—such as a public space or a location where they have lawful authority.

This requirement reinforces the notion of legality in evidence collection. If officers are lawfully present—whether in a public area or during a lawful investigation—they may seize items that are immediately apparent as evidence of a crime without needing a warrant. This ensures both the protection of individual rights and the efficiency of law enforcement operations.

The other options introduce elements that are not typical requirements for a valid plain view seizure. For instance, the presence of the owner is not a determining factor; law enforcement may seize evidence regardless of whether the owner is present or absent. Similarly, there is no requirement for video documentation or witness presence for a lawful seizure in plain view.