Does the plain view exception apply to the seizure


Problem

I. Officer Riker is on foot patrol. He sees a white male standing on a street corner about 50 feet in front of him. As he gets closer, he observes the white male reach into his pocket and drop a small object on the ground. As Riker approaches he sees the object the male dropped on the ground. Riker picks up the object and notices it is a rock of cocaine. Riker then says to the male, "Hey -- I think you dropped this." The male responds, "Who me? No....That ain't mine." Riker arrests the male for possession of cocaine. Does the "Plain View" exception apply to this seizure? Why or why not?

II. Officer Sisco is on traffic patrol at night. The officer stops a car for speeding. The officer approaches the driver and asks him to step out of the car. The driver steps out. Officer Sisco then notices a suspicious object sitting on the front dash of a car. The Officer shines his flashlight on the object and Sisco identifies this object as narcotics based on its color and how it is wrapped in clear plastic cellophane. The officer then reaches into the car and retrieves the object. Does the "plain view" exception apply to this seizure? Why or why not?

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