Would the use of a flashlight by an officer still be considered "plain view"

Question

An officer at the front door of a home, in the dark evening, claims to have seen something in plain view. He was using a flashlight, so wouldn't that mean it was not in plain view?

Thomas C Gallagher · Answer

Caselaw is not helpful, but police still must have a lawful reason to be there, looking: 
 
"Nor does Officer Corcoran's use of his flashlight affect this conclusion. "In numerous cases [the supreme court has] upheld against fourth amendment challenge[s] the practice of police officers routinely shining flashlights into automobiles, the only exception being when the officers unlawfully acquire their position vis-a-vis the vehicles, as when they unlawfully stop cars." State v. Alesso, 328 N.W.2d 685, 687 (Minn. 1982); see also State v. Vohnoutka, 292 N.W.2d 756, 757 (Minn. 1980) (discussing that "courts have consistently upheld the use of a flashlight by a police officer to look through a window into an automobile," so long as the officer's position was lawfully obtained). 
 
Bonds argues that an officer must have probable cause to believe that the use of his flashlight would result in the discovery of evidence of criminal activity in addition to being in a lawfully obtained position. This argument is not supported by caselaw. See Vohnoutka, 292 N.W.2d at 757 (concluding that officer's use of flashlight was lawful when the officer's routine practice was to walk up to a vehicle to see whether another passenger was present). ..." 
 
State v. Bonds, unpublishedm No. A17-1226 (Minn Court of Appeals 2018)

Jonathan Matthew Holson · Answer

No.  The issue is was the officer legally in a position to be where he or she was.  If they were at your front door and saw something inside, whether with a flashlight or not, the evidence is admissible.

Q: Would the use of a flashlight by an officer still be considered "plain view"