Which of the following is NOT a requirement for legally seizing items in plain view?

The requirement for legally seizing items in plain view revolves around several critical legal principles established by case law, primarily aiming to protect individuals' Fourth Amendment rights against unreasonable searches and seizures. The notion of "plain view" outlines that an officer can seize items without a warrant if they meet specific conditions.

One of the key factors is having probable cause, which means that the officer must have a reasonable belief that an item is associated with criminal activity. Additionally, the officer must have a lawful right to be in the location from which they observe the item. This ensures that the officer is not infringing upon someone’s privacy or trespassing.

Furthermore, lawful access to the item is necessary, indicating that the officer must be legally entitled to take possession of the item once it is seen. This principle is rooted in the idea that if the item is clearly visible and the officer has a lawful basis for being there, then seizing it does not violate any rights.

In contrast, consent from the person present is not a requirement for a seizure to be lawful under the plain view doctrine. An officer does not need permission to seize an item that is already in plain view, as long as all other conditions are satisfied. This distinction highlights the nature of the plain view doctrine