What must officers establish before seizing an item in plain view legally?

To legally seize an item in plain view, officers must establish probable cause and have a lawful right to be in the location where the item is observed. This principle is grounded in the Fourth Amendment, which protects individuals from unreasonable searches and seizures.

Probable cause implies that the officers have reasonable grounds to believe that the item is evidence of a crime or illegal activity. Additionally, the officers must be in a position where they have the legal authority to be present, meaning they are either in a public space or have entered a private area legally, such as through a search warrant or consent.

This requirement ensures that the seizure is justified and protects against arbitrary actions. The other options do not encapsulate the necessary legal standards for a lawful seizure in plain view. While permission from the property owner can sometimes be relevant, it's not a requirement in public spaces or in scenarios where officers have a lawful presence. Evidence of illegal activity may be a consequence of a seizure but is not a precondition for the seizure itself, and having a witness present is not a legal requirement for establishing plain view seizure either.