W.D.Mo.: Reaching in def’s car to turn it off wasn’t a search, and plain view of a gun proper

Defendant’s stop was reasonable because the LPN didn’t match the vehicle. His reaching in the car to turn off the ignition was not a search. “As Officer Jenkins was backing out of the vehicle, she looked down and saw what appeared to be a firearm or a firearm holster partially sticking out from under the driver’s seat.” That was a legitimate plain view. United States v. Taylor, 2019 U.S. Dist. LEXIS 21709 (W.D. Mo. Feb. 11, 2019).

This is a request for a successor habeas on newly discovered evidence. Defendant’s claim that no search warrant was filed in his district court criminal case number doesn’t mean there wasn’t one. One was filed in a magistrate’s case number for him. Denied. In re Rafidi, 2019 U.S. App. LEXIS 4168 (6th Cir. Feb. 12, 2019).*

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