W.D.Ky.: A safe can’t be seized under plain view during an emergency entry after a shooting; its contents are unknown

“Here, police were investigating a serious crime involving gunfire and could not account for a victim. Based on the totality of evidence that the officers were aware of at the time they decided to make entry into the residence, it was objectively reasonable for the officers to believe that entry was necessary to render emergency aid.” This supported a plain view. “The safe, however, was not lawfully seized under the plain view doctrine.” The contents are unknown. United States v. McClain, 2017 U.S. Dist. LEXIS 56468 (W.D. Ky. April 12, 2017).

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