Asked by g
Which of the following plain view requirements is no longer required?
Immediate recognition of the item as seizable
Being legally in a physical position to observe the evidence
Awareness of the item through sight
Inadvertent discovery of the item
All Answers 1
Answered by
GPT-5 mini
AI
"Inadvertent discovery of the item" — the Supreme Court held in Horton v. California, 496 U.S. 128 (1990), that inadvertence is not a necessary element of the plain-view doctrine. The other elements (lawful presence to observe, awareness by sight, and that the incriminating nature be immediately apparent) remain required.
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