What must be apparent for a plain view seizure to be lawful?

For a plain view seizure to be lawful, the key requirement is that the object's incriminating nature must be immediately apparent to the officer witnessing it. This principle comes from the Fourth Amendment, which protects against unreasonable searches and seizures.

In practice, when an officer is lawfully present in a location, if they see an object that clearly indicates evidence of a crime without needing to conduct further investigation or search, they can seize that object. The immediate recognition of the object's incriminating nature ensures that law enforcement can act quickly and within constitutional boundaries, maintaining the balance between public safety and individual rights.

In contrast, wearing a uniform does not inherently affect the legality of a seizure in plain view; the officer’s presence must simply be lawful. Additionally, the object not being out of reach does not impact the legality of the seizure as long as it’s in plain view. Lastly, while warrants are essential for many searches and seizures to avoid potential violations of rights, they are not a requirement for a lawful plain view seizure when the conditions of immediate recognition of incrimination are met.