What If The Police See Your Drugs In Plain View?

Anything in “plain view” may be seized by police without a warrant, as long as the police are “lawfully present” at the location from which they see the object(s).

Also, it must be “immediately apparent” the object is unlawful or of some incriminating value. For example, if your car is parked on a public street and the police peek through the window and see drugs on the passenger seat, the officers may recover the drugs, as they were lawfully present when they observed your car on the street.

However, if the drugs are concealed in a brown paper bag and/or your car is parked inside your closed garage, then the drugs are not in “plain view” and may not be seized without a warrant or your voluntary consent.

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