The Fourth Amendment to the Constitution protects against unreasonable searches and seizures by the government. To legally seize and search personal items the government must obtain a search warrant based on a probable cause standard.

While the provisions of the Fourth Amendment are clear, there are exceptions that allow the government to seize and search items without the issuance of a search warrant. One of the most argued exceptions to Fourth Amendment search and seizure is the plain view exception. This exception balances the practical needs of government agents with the protections required by the Fourth Amendment. The plain view exception allows the government to seize evidence of a crime or contraband without a warrant.

Under this exception, the government must establish three conditions to avoid a violation of the Fourth Amendment provisions. First, the government must lawfully be at the location to observe the item. Government agents must not have violated Fourth Amendment rights to be able to observe the evidence. Secondly, it is not enough that the government agent lawfully be at the location, they also must have a lawful right to access the item. For instance, if drugs are viewed through a window of a home, it would be a Fourth Amendment violation for the government agent to enter the home to seize the drugs. Even though the agent can lawfully see the drugs a warrant or exigent circumstances are still required. However, if a government agent is executing a search warrant the first two requirements are typically met. The final requirement under the plain view exception to the Fourth Amendment is that the incriminating nature of the item must be immediately apparent. Immediately apparent does not require absolute certainty that an item is contraband or evidence but is based on a probable cause standard. In making this determination, the government may not manipulate, move, or open the item to discover the evidentiary value.

The protections of the Fourth Amendment require precision by the government. Search warrants should require an equally high degree of precision. If the government is going to utilize an exception under the Fourth Amendment, their actions must precisely adhere to the long-established rules.