When can an officer seize an item in plain view without a warrant?

An officer can seize an item in plain view without a warrant when they have probable cause and are lawfully present in the location where the item is found. This principle stems from the Fourth Amendment, which protects individuals against unreasonable searches and seizures. For the seizure to be lawful under the plain view doctrine, the officer must not only be in a position where they are permitted to be, but they must also have an immediate understanding that the item in question is connected to criminal activity or is evidence of a crime.

Probable cause means that the officer has sufficient knowledge or facts to justify believing that the item is related to a crime. This requirement ensures that the seizure is not arbitrary and is based on a reasonable belief rather than mere speculation.

The other options do not fulfill the necessary legal criteria for a warrantless seizure. Being part of the search team or the value of the item alone does not confer the authority to seize. Consent is also not inherently needed for plain view seizures, but it can be a factor in other types of searches and seizures.