How could the plain view exception be applied to obvious images of child pornography lawfully observed by a law enforcement officer? What would the plain view exception allow law enforcement to do? What would it NOT allow law enforcement to do?
What will be an ideal response?
The plain view doctrine requires law enforcement to be legally present when the obvious contraband is observed. For example: If, for example, an officer were to respond to a residence for a loud music complaint and while standing inside speaking with the occupant she observes obvious child pornography on a computer screen, that image could be seized and used to establish probable cause in support of a warrant for additional searches and/or seizure. An officer could preserve the image by photographing it or making a "read only" copy of the data, but the officer may not manipulate the computer to find additional evidence.
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