What is the test for seizure of a video from a police officer's body in plain view?

MultiRegion, United States of America

The following excerpt is from U.S. v. Clements, 972 F.2d 1344 (9th Cir. 1992):

Because we hold that the search warrant was valid as to the video, we conclude that the search for and seizure of the video was lawful. Relying on this, the government urges us to apply the plain view exception to the remainder of the evidence seized. Under the plain view doctrine, seizure of items in plain view will be allowed if (1) the officers were on the premises lawfully, and (2) there was probable cause to believe the object in plain view was contraband or useful evidence of a crime. Arizona v. Hicks, 480 U.S. 321, 326, 107 S.Ct. 1149, 1153 (1987).

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