The 4th: Plain view

Under the plain view doctrine, an officer may seize an object and introduce it as evidence if the officer was lawfully in the place where the object was located and the incriminating nature of the object was immediately apparent.[1]

Case Law

“We take this opportunity to join with the majority of states and adopt Horton, thereby discarding the inadvertence requirement of the plain view doctrine. Hence, the two elements needed to satisfy the plain view exception are: (1) the initial intrusion which afforded the authorities the plain view was lawful and (2) the incriminating nature of the evidence was immediately apparent to the seizing authorities.” State v. Wright, 391 S.C. 436, 443 (2011).

[1] State v. Wright, 391 S.C. 436 (2011).

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