What requirements must be met for evidence to be found under the "plain view doctrine" or "plain touch"?

The correct response highlights the critical elements of the "plain view doctrine" or the "plain touch" doctrine. For evidence to be admissible under these doctrines, it is essential that there is no manipulation of items, and the incriminating nature of the evidence must be immediately apparent to the officer observing it. This means that, when law enforcement is lawfully present in a location, they may seize evidence without a warrant if they can clearly see or feel that the item could be linked to criminal activity without having to conduct any further search or investigation.

The necessity for the incriminating nature to be "immediately apparent" ensures that officers cannot base their seizure on mere suspicion or hunches; they need to clearly recognize that the evidence relates to criminal activity at the time of observation. This protects citizens from unreasonable searches and reinforces the legal boundaries governing police conduct.

The other considerations, like lawful frisk and general visibility under a crime scene, do play roles in certain circumstances but do not embody the fundamental criteria defined by the plain view or plain touch rules. Such specifics about legality or visibility don't encompass the requirement that the officer must not manipulate evidence in order to ascertain its nature. Thus, the focus on immediate apparent incrimination without prior handling is what subst