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E.D.Tenn.: In executing a search warrant for drugs, gun was in 'plain view' wherever the police looked

By John Wesley Hall, Jr.

While executing a drug search warrant, the police removed a cabinet from the wall of defendant’s place and they found a gun hidden there. That qualified for plain view. The place searched was a place where drugs could have been hidden. United States v. Ryerson, 2010 U.S. Dist. LEXIS 21237 (E.D. Tenn. February 12, 2010).* None of the defendants driving or riding in the CI’s car had standing to challenge its search. United States v. Pete, 2010 U.S. Dist. LEXIS 21907 (W.D. Pa. March 10, 2010). [Perfect: Get the target of the search do drive the CI’s car while carrying the dope, and then he lacks all standing. I’ve actually seen this before.] Arrest of the defendant and removal of him from the scene was not shown to be an effort to avoid the defendant’s ability to veto consent under Randolph...continue to full post

Full post as published by Fourth Amendment on March 12, 2010 (boomark / email).