What is one of the elements that must be present for the plain view exception to apply?

For the plain view exception to apply, one critical element is that the officer must be in a lawful position to observe the item in question. This means that the officer is where they are legally allowed to be, such as during the execution of a search warrant, or in a situation where they have a right to be present (like a public street).

When an officer is in a lawful position, they can then seize an item that is in plain sight without a warrant if it is immediately apparent that the item is evidence of a crime, contraband, or otherwise subject to seizure. This aspect is foundational to the doctrine of plain view, which allows law enforcement to act without a warrant but only under specific conditions.

In contrast, the other options do not align with the requirements for the plain view doctrine. The idea that the object must be "heard" before being seen is not a requirement of the plain view exception. Also, a warrant is not necessary for items observed in plain view if the officer is already lawful present; thus, prior possession of a warrant is not applicable in this context. Finally, whether the item is in a "protected area" does not relate to the legality of the officer's observation in the context of the plain view exception