Legal Definitions - clear-view doctrine

The clear-view doctrine is a legal rule that allows police officers to seize and use as evidence an item that they see in plain view during a lawful search or from a legal position, without a warrant, if they have probable cause to believe that the item is evidence of a crime. This rule is also known as the plain-view doctrine or plain-sight rule.

For example, if a police officer is conducting a lawful search of a suspect's home and sees drugs on the kitchen counter, the officer can seize the drugs and use them as evidence in court. Similarly, if an officer is patrolling a neighborhood and sees a stolen car parked on the street, the officer can seize the car and use it as evidence in court.

The clear-view doctrine is based on the idea that if an officer can see an item in plain view, without entering a private area or searching beyond what is necessary, then the officer has not violated the suspect's Fourth Amendment rights against unreasonable searches and seizures.