In what circumstance can the Plain View Exception not apply?

The Plain View Exception to the warrant requirement allows law enforcement officers to seize evidence of a crime without a warrant if they are legally present at a location and the evidence is in plain sight. The application of this principle hinges on two critical factors: the officer’s lawful presence and the visibility of the evidence.

When the evidence is located in an area that is not visible from a public space, the Plain View Exception cannot apply because the foundational requirement of visibility is not met. For the exception to hold, the officer must have been in a position where the evidence could be observed "plainly" without any further intrusion or search. If the evidence is hidden from the public eye—such as being inside a structure or otherwise obstructed—officers cannot claim the exemption.

In contrast, situations where officers are legally present and see contraband in clear view, where consent is given to search private property with evidence in plain sight, or where evidence is actively moved during an investigation do not prevent the application of the Plain View Exception. These scenarios either fulfill the criteria of officer presence and evidence visibility or operate under different legal frameworks that do not negate the exception.