NJ: A rifle case on a felon’s porch seen in a protective sweep qualifies for plain view; its incriminating nature is immediately apparent

Defendant was arrested in his house, and a protective sweep of the porch was valid. In plain view was a rifle case, and defendant was a felon in possession. It was reasonable to seize the rifle. State v. Cope, 2016 N.J. LEXIS 329 (April 25, 2016).

Defendant’s statements were obtained in violation of Miranda, and the gun found was a direct result of that. Suppressed. United States v. St. Rose, 2016 U.S. Dist. LEXIS 53245 (D.V.I. April 21, 2016).*