Practice question
Does the plain-view doctrine invariably require that the officer first arrest someone?
- No; a lawful viewing position or prior justified intrusion is the relevant prerequisite
- Yes; every plain-view seizure requires a prior arrest
- Only an officer with an arrest warrant may observe evidence
- Only the occupant may see contraband
- Visibility always creates an arrest retroactively
Legal references
- Silvano v. People, G.R.273931, February12,2026, MAIN: https://lawphil.net/judjuris/juri2026/feb2026/gr_273931_2026.html
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