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Plain View Exception

If the officer, during a lawful traffic stop, observes contraband in the vehicle, she may search it without a warrant. Contraband includes drugs of all kinds and other illegal substances.

What are some examples of the plain view exception?

Some examples are:

• drugs
• pill bottles and/or pills
• a plastic bag or baggie with a suspicious substance
• beer cans
• liquor bottles
• weapons
• drug paraphernalia

EXAMPLE: The presence of a brown paper bag with the logo from a store known to sell drug paraphernalia on the passenger seat is a plain view exception.

EXAMPLE: An obvious odor is the equivalent to "plain view." Thus, the officer who smells marijuana in a car when she stops it for running a red light can search the car without a warrant.