Law Society of Ontario (LSO) Paralegal Practice Exam

What is the "Plain View Doctrine" requirement?

1. Evidence must be secured with a warrant

2. The officer must be lawfully in the area and evidence must be immediately apparent

3. Evidence can be seized without following standard procedures

4. Only evidence related to the suspect's previous crimes may be seized

The correct answer is: The officer must be lawfully in the area and evidence must be immediately apparent

The "Plain View Doctrine" is a legal principle that permits law enforcement officers to seize evidence of a crime without a warrant if certain conditions are met. Specifically, the officer must be lawfully present in the location where the evidence is viewed, and the evidence itself must be immediately apparent, meaning it is clear that the item is related to criminal activity. This doctrine is rooted in the need to balance the rights of individuals against public safety and the interests of law enforcement. This principle allows officers to act quickly and seize items that they observe during the lawful execution of their duties, without the delay of obtaining a warrant, thus preventing the potential destruction of evidence. The requirement that the officer must be lawfully in the area ensures that the evidence collected adheres to constitutional standards and respects the Fourth Amendment rights against unreasonable searches and seizures. The other options do not accurately describe the Plain View Doctrine. For instance, stating that evidence must be secured with a warrant is contrary to the nature of the doctrine, which allows for the warrantless seizure under specific conditions. The mention of evidence being seized without following standard procedures does not reflect the necessity of lawful presence and immediate apparentness. Lastly, limiting the seizure to evidence related only to prior crimes does not align with the doctrine’s