S.D.N.Y.: Protective sweep led to plain view of firearm and cell phone

During a protective sweep, a firearm and cell phones were seen, and a search warrant was later issued for the firearm. His cell phone was in plain view and seized when defendant was arrested. The officers came back for the firearm with the warrant, and this was valid. United States v. Felton, 2018 U.S. Dist. LEXIS 159443 (S.D. N.Y. Sep. 19, 2018).*

Defendant wasn’t entitled to a hearing on her post-conviction petition alleging that her plea was involuntary because it was based on an illegal search. For all it appears, she wouldn’t prevail because the search was by consent. Stragliati v. State, 2018 Mo. App. LEXIS 1108 (Sep. 18, 2018).*

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