Page 114 - North Carolina 2020 Legal Guide

Task: Plain View Seizure

Horton v.California, 496 U.S. 128 (1990).

Officers may seize, without a warrant, items of evidence and

contraband that are in plain view, subject to the following limitations:

• Officer must be lawfully present in an area protected by the 4 th

Amendment when he observes the item in plain view.

• Officer must immediately have probable cause to believe the item is

evidence or contraband without making any further intrusion.

• The slightest movement to determine if the item is evidence or

contraband will constitute a “further intrusion” and invalidate the

plain view seizure.

• The finding of the evidence need not be “inadvertent” as had been

required in previous cases.

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