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CA3: Arrest on a warrant led to seeing defendant's wallet; plain view search of wallet invalid

By John Wesley Hall, Jr.

Defendant was arrested in his boxer shorts in his house on a warrant for being an illegal alien. He asked for clothes to go to jail in, and they officers took him to his bedroom. There, an officer saw his wallet and opened it looking for identification and found a gun permit. Then they searched for a gun. Defendant was arrested for being an alien in possession of a weapon. The plain view search of the wallet was invalid. United States v. Rivera-Padilla, 2010 U.S. App. LEXIS 3125 (3d Cir. February 17, 2010) (unpublished): Agent Pausic was authorized to enter Rivera-Padilla's home for the purpose of arresting him. After accomplishing that task and associated precautionary measures, he decided that he would look for evidence tending to confirm Rivera-Padilla's identity and establish his country of origin, a search which he was not authorized to make...continue to full post

Full post as published by Fourth Amendment on February 20, 2010 (boomark / email).