TCOLE Basic Peace Officer Licensing Exam

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An officer is lawfully present in a suspect's backyard while investigating a noise complaint. From the yard, the officer looks through an open garage door and sees what is immediately apparent to be illegal narcotics on a workbench. Under the 'Plain View Doctrine,' the officer may seize the narcotics without a warrant because:

The officer had prior knowledge that the narcotics would be there. The discovery of the narcotics was inadvertent. The officer was lawfully in a position to view the item and its incriminating character was immediately apparent. The suspect has a reduced expectation of privacy in their garage.

Correct Answer:

The officer was lawfully in a position to view the item and its incriminating character was immediately apparent.

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