What must an item be in order to be seized under plain view discovery?

For an item to be seized under plain view discovery, it must be immediately apparent as evidence. This means that when a law enforcement officer comes across the item while in a location where they have a right to be, they must clearly recognize that the item has incriminating significance without further manipulation or investigation.

This immediate apparentness is crucial, as it ensures that the officer does not violate the Fourth Amendment, which protects against unreasonable searches and seizures. By being able to ascertain that the item is evidence of a crime simply by observing it without needing to probe further, the seizure remains within legal boundaries.

In contexts where the officer is legally present, simply being there does not suffice to justify a seizure unless the evidence meets this immediacy standard. Other options, while relevant in different contexts of law enforcement, do not pertain to the specific criteria establishing plain view doctrine. For instance, while being legally present helps establish the right to see the item, it does not alone justify the seizure without the immediate evidentiary nature.