What is the "plain view" exception to the search warrant requirement?

California, United States of America


The following excerpt is from People v. Miley, 158 Cal.App.3d 25, 204 Cal.Rptr. 347 (Cal. App. 1984):

The "plain view" exception to the warrant requirement allows officers, in the execution of a valid search warrant, to seize articles which, although not included in the warrant, are reasonably identified as contraband when such articles are initially in the plain sight or subsequently come into plain sight as a result of the search. (Skelton v. Superior Court (1969) 1 Cal.3d 144, 157, 81 Cal.Rptr. 613, 460 P.2d 485.)

The "nexus rule" was developed to preclude indiscriminate seizure; the officer must be aware of some specific and articulable fact from which a rational link between the item seized and criminal behavior can be inferred. (People v. Superior Court (Meyers) (1979) 25 Cal.3d 67, 73, 157 Cal.Rptr. 716, 598 P.2d 877.)

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