Under what circumstance can drug paraphernalia be confiscated?

• A. During search and/or plain view
• B. Only with a warrant
• C. Only with a custodial arrest
• D. Never

Answer: (A)

The main idea is that law enforcement can seize drug paraphernalia when they have a lawful basis to take possession: either during a valid search or if the item is seen in plain view while they are lawfully present. The plain view doctrine lets officers seize evidence without a warrant if they are lawfully on the premises and the incriminating nature of the item is immediately apparent. Likewise, during a lawful search (whether supported by a warrant or any permissible exception), paraphernalia found within the scope of the search can be confiscated. This is why the best choice covers both situations. It isn’t limited to needing a warrant in every case, and it isn’t restricted to custodial arrests alone; there are legitimate circumstances where seizure occurs without a warrant.