Which of the following is NOT an element of the Plain View doctrine?

The Plain View doctrine allows law enforcement officers to seize evidence of a crime without a warrant if certain conditions are met. One of the key elements of this doctrine is that the officer must be legally present in the area where they observe the item. This means they could be there due to a lawful search, a traffic stop, or any other legal reason, which ensures that the officer's presence is justified.

Another critical element is that the item in question must be readily apparent as evidence of a crime. This means that it should be immediately obvious to the officer that the item is connected to criminal activity and does not require further examination to establish its nature.

Additionally, the officer must have the capability to seize the item immediately. This aspect emphasizes the urgency and the need to act on the evidence as soon as it is observed, without the delay of obtaining a separate warrant for the seizure.

In contrast, the requirement of having a warrant is NOT an element of the Plain View doctrine. In fact, the purpose of this doctrine is to allow officers to take action without needing a warrant, provided they meet the other necessary criteria. Therefore, the correct answer reflects that the presence of a warrant is not a necessary element of the Plain View doctrine.