What is a requirement for the "plain view/smell" doctrine?

The requirement for the "plain view/smell" doctrine is that it must be immediately apparent. This doctrine allows law enforcement officers to seize evidence without a warrant if it is in plain sight or if the officer can smell illegal substances from a position where they are legally allowed to be. The immediacy is crucial because it establishes that the officer's recognition of the evidence as contraband or incriminating is instantaneous and does not require any further inquiry or manipulation.

For instance, if a police officer is legally present—whether through being on a public street or having entered a property for a lawful reason—and they see or smell something unlawful, such as drugs, their ability to act is justified under this doctrine. The criterion ensures that law enforcement cannot make baseless claims about what they perceive or engage in unreasonable searches without a warrant.

In contrast, the other options suggest requirements that do not align with the established legal framework of the plain view/smell doctrine. Being invited does not relate to the immediacy of the evidence being observed. The need for a search warrant is an additional protective measure under the Fourth Amendment and does not apply when evidence is clearly and immediately perceivable. Finally, location in a public area is not necessary for the