Which of the following is NOT an element of plain view?

In criminal procedure, the "plain view" doctrine allows law enforcement officers to seize evidence of a crime without a warrant if certain conditions are met. One of the key elements of plain view is that the officer must be lawfully present at the location where they observe the item. This means they are in a place where they have the legal right to be, such as during the course of a lawful arrest or while conducting an investigation.

Another important element is that the incriminating nature of the item must be immediately apparent. Officers should have a reasonable belief that the item is linked to criminal activity without needing to conduct further inspection or inquiry.

Additionally, officers must have a lawful right to access the item. This ensures that they are not violating any rights by reaching for or seizing the object in question.

Possession of a search warrant is not a requirement for the plain view doctrine to apply. In fact, the doctrine often comes into play specifically when officers encounter evidence of a crime inadvertently while executing their lawful duties without a warrant. Thus, the absence of a need for a search warrant stands out as the distinguishing factor that supports the conclusion that it is not an element of plain view.