1.An undercover officer is driving an unmarked vehicle at about 11:30pm, in an area known for prostitution and drive-by shootings.When he stops at a red light, a Maverick with four young black males stops alongside.When the officer looks over at the car the driver raises his finger in the air - like a child would pretending to have a gun - points his finger at the officer, mouths the word "POW" and laughs.The light changes and the Maverick drives off.The officer stops the car and orders the occupants out.He sees, in plain view, a gun on the floorboard of the Maverick.A passenger admits to owning the Gun and some ammunition found in the back seat.

What is the point of seizure?_________________________________________________

What level of proof?