What should officers do if they find evidence in plain view during an exigent search?

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Seizing evidence that is in plain view during an exigent search is permissible under the legal doctrine known as "plain view." This doctrine allows law enforcement officers to take immediate action to collect evidence that they can see in the open without the need for a warrant, as long as they are legally present at the location where the evidence is found. The rationale behind this is that if officers are lawfully engaged in an exigent search due to pressing circumstances—such as the imminent destruction of evidence or a threat to public safety—they are justified in securing any additional evidence that is clearly visible and appears to be related to criminal activity.

This approach helps ensure that crucial evidence is not lost or destroyed, and it allows officers to act decisively in situations that require quick judgment. In contrast, options like leaving the evidence for later or calling for a supervisor would undermine the immediate need to secure evidence that could be lost if not acted upon swiftly. Taking photographs without seizing the evidence also does not serve to preserve it in the same way, as photos do not prevent its potential loss or contamination.

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