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Plain view permitted officer to reach in to seize drugs

By John Wesley Hall, Jr.

Meth was in plain view when the officer stopped the defendant for a traffic offense. The Court of Appeals erred in holding that the officer could not reach in to seize the meth because it was subject to theft or tampering. State v. Bomboy, 2008 NMSC 29, 2008 N.M. LEXIS 292 (May 5, 2008).* Informant's statements of a marijuana grow operation were corroborated by a trash pull at defendant's residence where marijuana stems were found. There was no expectation of privacy in the trash left out for collection. State v. McGorty, 2008 Ohio 2643, 2008 Ohio App. LEXIS 2229 (5th Dist. June 2, 2008).* IAC claim fails on search issue because defendant's girlfriend had the right to consent. People v. Orsini, 2008 NY Slip Op 3804, 2008 N.Y. App. Div. LEXIS 4740 (4th Dept...continue to full post

Full post as published by Fourth Amendment on June 08, 2008 (boomark / email).