JUSTICE PERALTA:

     Plain view: Objects falling in plain view of an officer who has a right to be in a position to have that view are subject to seizure even without a search warrant and may be introduced in evidence. The “plain view” doctrine applies when the following requisites concur:

       (a)      the law enforcement officer in search of the evidence has a prior justification for an intrusion or is in a position from which he can view a particular area;

        (b)      the discovery of evidence in plain view is inadvertent;

        (c)      it is immediately apparent to the officer that the item he observes may be evidence of a crime, contraband or otherwise subject to seizure.

      The law enforcement officer must lawfully make an initial intrusion or properly be in a position from which he can particularly view the area. In the course of such lawful intrusion, he came inadvertently across a piece of evidence incriminating the accused.

          The object must be open to eye and hand and its discovery inadvertent. (MICLAT VS. PEOPLE, 2011, PERALTA, J.).