Question

For purposes of plain view, how can an officer come to be in a location properly?
a. By climbing a fence to look into a yard
b. By forcibly entering a residence
c. By seeking a search warrant
d. By serving a search warrant

Answer 1

d. By serving a search warrant.

Explanation: The plain view doctrine only applies when the officer is lawfully present where the item is seen (e.g., with consent, a valid search/warrant or exigent circumstances). Climbing a fence or forcible entry without legal authority is not a lawful presence, and merely seeking a warrant does not place the officer on the premises.