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Clothing could be seized under a search warrant that did not specify it where its evidentiary value was immediately apparent

By John Wesley Hall, Jr.

Probable cause existed to stop and search defendant's vehicle because police consensual wire surveillance indicated that defendant would be delivering 2 kilograms of cocaine that day. The state showed a necessity for the state overhear order. People v. Stroud, 2008 Ill. App. LEXIS 1183 (November 19, 2008).* Defendant consented to a search of his person. He was confronted by the victim of a robbery who saw him wearing the victim's watch. State v. Banks, 2008 La. App. LEXIS 1570 (2d Cir. December 3, 2008).* Clothing not named in the search warrant could be seized as plain view under the search warrant because it was apparent it had evidentiary value. State v. Allen, 2008 Mo. App. LEXIS 1616 (December 2, 2008).*

Full post as published by Fourth Amendment on December 05, 2008 (boomark / email).