5.3.4

• Jurisdiction: Arizona

§ 5.3.4 Plain View from Outside House

If an officer is outside the house and sees incriminating evidence in plain view that is inside house, the officer may have probable cause, but must obtain a warrant before entering the home to seize the evidence, unless a warrant exception exists. See e.g. State v. Kosman, 181 Ariz. 487, 892 P.2d 207 (App. 1995) (Div. 1) (smell of burning marijuana provided exigent circumstances to enter home); State v. Warness, 26 Ariz. App. 359, 548 P.2d 853 (1976) (Div. 1). See...