FDLE Law Enforcement Officer Certification Exam

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An officer is lawfully inside a person's home to serve an arrest warrant. While the suspect is being secured, the officer observes a rifle with an illegally shortened barrel leaning against a wall in the same room. The incriminating nature of the weapon is immediately apparent. Under the Plain View Doctrine, what is the officer's authority regarding the rifle?

The officer must obtain a separate search warrant to seize the rifle. The officer can only seize the rifle if it was specifically listed in the arrest warrant. The officer may seize the rifle without a warrant because it is contraband found in plain view during a lawful observation. The officer must unload the weapon for safety but leave it in the residence.

Correct Answer:

The officer may seize the rifle without a warrant because it is contraband found in plain view during a lawful observation.

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