The requirement that a plain view seizure be based, in part, on probable cause that the item can be seized is known as the _____ requirement.

A. inadvertency
B. immediately apparent
C. valid plain view
D. lawful access

im confused between B and D

2. To which of the following senses has the plain view doctrine NOT been applied?
A. Touch
B. Smell
C. Feel
D. Taste

im confused between A and C

The requirement that a plain view seizure be based, in part, on probable cause that the item can be seized is known as the valid plain view requirement. Therefore, the answer to the first question is C. valid plain view.

The plain view doctrine has not been applied to the sense of touch. Therefore, the answer to the second question is A. Touch.

To answer the first question, we need to understand the concept of the plain view seizure. A plain view seizure occurs when law enforcement officers, while legally present in a location, come across evidence or contraband that is immediately apparent as illegal. The requirement that a plain view seizure be based, in part, on probable cause that the item can be seized is known as the "valid plain view" requirement.

Now, let's examine the options:
A. Inadvertency: Inadvertency refers to the unintentional discovery of evidence. While inadvertency is a factor in a plain view seizure, it does not specifically refer to the requirement that a plain view seizure be based on probable cause.
B. Immediately apparent: This option seems related to the concept of a plain view seizure since it mentions the criteria of something being immediately apparent. However, it does not explicitly address the probable cause requirement.
C. Valid plain view: This option correctly describes the requirement that a plain view seizure be based, in part, on probable cause. Therefore, option C is the correct answer.
D. Lawful access: Lawful access refers to the legal authority or rightful permission to access a particular location, but it does not specifically address the requirement for a plain view seizure.

Now, onto the second question regarding which senses the plain view doctrine has not been applied to:
A. Touch: The plain view doctrine typically relies on visual observation, and it does not generally pertain to the sense of touch. Therefore, option A is the correct answer.
B. Smell: The plain view doctrine has been applied in cases where law enforcement officers observed or smelled contraband or other evidence. Therefore, option B is an incorrect answer.
C. Feel: This option refers to the sense of touch, and as mentioned earlier, the plain view doctrine does not typically involve the physical act of touching evidence. Therefore, option C is the correct answer.
D. Taste: Like touch, the sense of taste is not typically relevant to the plain view doctrine. Thus, option D is an incorrect answer.

I think 1 is B.

2. A

http://en.wikipedia.org/wiki/Plain_view_doctrine