If an officer comes across contraband during a lawful search, what is their next step?

When an officer discovers contraband during a lawful search, the appropriate next step is to seize the item without further action, provided that the contraband is immediately apparent and is discovered within the scope of the lawful search.

Seizing contraband is justified under the plain view doctrine, which allows officers to take possession of items that are clearly illegal while they are engaged in a lawful search. The key elements are that the officer must have the right to be in the location where the item is found, and the incriminating nature of the item must be immediately obvious.

Applying for a follow-up warrant may not be necessary if the contraband is already in plain view during an ongoing lawful search. Leaving the item untouched would negate the officer’s ability to act on the discovery of contraband, and informing the occupant of the find can compromise the investigation or lead to the destruction of evidence.