North Carolina Basic Law Enforcement Training (BLET) State Practice Exam

What are the three basic requirements for a plain view seizure?

1. Presence, consent, and identification

2. Position, apparent character, and lawful access

3. Notification, permission, and identification

4. Observation, authority, and evidence

The correct answer is: Position, apparent character, and lawful access

The three basic requirements for a plain view seizure hinge on the principles necessary for law enforcement officers to lawfully seize evidence without a warrant. These requirements ensure that the seizure adheres to constitutional protections against unreasonable searches. The first component, position, refers to the necessity for the officer to be in a location where they have a right to be at the time they observe the item in plain view. This means that the officer must not have violated any legal boundaries to be able to see the evidence. The second aspect, apparent character, indicates that the officer must have a reasonable belief that the item observed is evidence of a crime, contraband, or otherwise subject to seizure. This is about the officer’s understanding that what they have seen is clearly identifiable and relevant to the investigation at hand, without needing to manipulate or further investigate the item. Lastly, lawful access stresses that the officer’s presence must be justified legally—either through having a warrant, being in a public space, or pursuant to an exception to the warrant requirement. This ensures that the officer's actions are in compliance with legal standards and the rights assured to individuals under the Fourth Amendment. These three criteria together underscore the legal framework that permits law enforcement agencies to act efficiently while respecting constitutional rights, making the