A Police Officer Intent on Writing Parking Tickets Is Walking

Multiple Choice

A police officer intent on writing parking tickets is walking along a city street when he notices the smell of burning marijuana. He traces the smell to a curtained, street level, basement window which is partially open. The officer gets down on his knees and looks where he can see over the top of the window and he sees evidence of illicit drug activity. The officer's actions _____.

A) are lawful because he saw only what any curious passerby could see
B) are unlawful within the plain view doctrine because he invaded privacy
C) are unlawful within the plain view doctrine because he used extraordinary means
D) are lawful because no seizure immediately occurred