Question

During the search of a home, an officer detects the smell of crack cocaine coming from a drawer. He opens the drawer and finds a large bag of crack cocaine and proceeds to seize it under the plain view doctrine. Is the officer correct?
a. Yes, the plain view doctrine includes all areas of a home, including closed drawers.
b. No, the plain view doctrine covers all senses but requires the item to be discovered by at least three (e.g., sight, smell, and hearing).
c. No, the plain view doctrine requires that the item be physically visible and not only detectable by another sense.
d. Yes, an officer who is trained to detect the scent of crack cocaine can testify in court the crack cocaine was

Answer 1

c.

The plain view doctrine requires (1) the officer be lawfully present where the item is observed, (2) the incriminating nature of the item be immediately apparent, and (3) the officer have a lawful right of access. "Plain view" means plainly visible — odor alone does not make an object in plain view. Smelling drugs can create probable cause to obtain a warrant or to justify other searches in some circumstances, and a trained officer's detection of an odor may be admissible to show probable cause, but it does not convert a closed drawer into "plain view" for seizure purposes.