An Officer's Use of a Pair of Binoculars to Develop

Multiple Choice

An officer's use of a pair of binoculars to develop probable cause for plain view searches and seizures is conceptually distinct from an officer's use of a flashlight for the same purpose. This is because _____.

A) there are no conceptual distinction between binoculars and flashlights
B) binoculars allow people to observe what could not be observed without their use
C) flashlights require batteries to become operational
D) binoculars allow areas to be viewed that may not otherwise have been viewable without an impermissible intrusion