North Carolina Basic Law Enforcement Training (BLET) State Practice Exam

Does the plain view doctrine extend to smell and touch?

1. No, only visual evidence is applicable

2. Yes, it applies to all senses

3. Yes, but only in specific circumstances

4. No, it only involves physical evidence

The correct answer is: Yes, it applies to all senses

The plain view doctrine allows law enforcement officers to seize evidence of a crime without a warrant if it is immediately apparent that the items are incriminating and they are in plain view. This doctrine extends beyond just visual observation; it encompasses other senses such as smell and touch, provided that the officer is in a lawful position to detect these odors or tactile information. For example, if an officer is lawfully present in a location and detects the strong smell of marijuana emanating from a vehicle, that odor can serve as a basis for probable cause to investigate further, as it is an indication of illegal activity. Similarly, if an officer feels an object during a lawful encounter that turns out to be contraband, that tactile recognition can also justify a seizure if it is clear what the object is. The rationale is that if an officer is legally present in a space and can observe or detect contraband through any of their senses in a way that is immediately apparent, they are permitted to act on that information.