ND: Officer who had no authority to move things in car conducted a search, so it wasn’t a valid plain view

The officer only had permission to move defendant’s vehicle. Inside, he moved around something to get a better look at a bag and searched it. The motion to suppress should have been granted because this was not a valid plain view. State v. Zacher, 2015 ND 208, 2015 N.D. LEXIS 233 (August 25, 2015).

Officers observed what could only have been a hand-to-hand drug deal with the defendant acting as lookout. That gave them probable cause to stop and arrest and conduct a search incident. State v. Haynes, 2015-Ohio-3432, 2015 Ohio App. LEXIS 3336 (1st Dist. August 26, 2015).*