All of the following examples indicate an appropriate application of the plain view doctrine except

Question

A) when an officer walking through a public park observed two underaged individuals who appeared to have an alcoholic beverages in a picnic basket. The officer seized the wine coolers.
B) when the officer, who was inside a home executing a search warrant directed at the discovery of methamphetamine, observed a marijuana plant growing in the window above the kitchen sink. The officer seized the illicit plant.
C) when an officer and her backup responded to a domestic abuse complaint and entered the home to stop a fight, the officers observed and seized marijuana that had been resting on the top of a big screen television.
D) when an officer, who was conducting a stop and frisk that was not appropriate, discovered some heroin that fell from the coat pocket of the subject.
E) all of the above fact patterns constitute proper examples of the lawful seizures under the plain view doctrine.

Answer 1

D