KY clarifies “inadvertent discovery” requirement of the plain view doctrine is not a requirement

The Kentucky constitution is not applied differently than the Fourth Amendment, so the “inadvertent discovery” requirement of the plain view doctrine is not a requirement. When a computer was the object of the search, a computer bag was plain view. Chavies v. Commonwealth, 354 S.W.3d 103 (Ky. 2011):

The laptop and lights were in plain view. Chavies argues the computer and lights themselves were not visible because the computer was in a laptop bag, and the lights were in a box. We disagree. Hurley said Chavies took lights packaged in a box and a computer. Police saw in Chavies’s car the original packaging for the lights, as Hurley described, and a laptop bag. It is sufficient that the police saw a laptop bag in the car. Police did not have to see the laptop itself as long as they had probable cause to believe the laptop bag was stolen or contained a stolen computer.

The incriminating nature of the evidence was immediately apparent. Where the nature of the evidence is not inherently criminal, probable cause of its incriminating nature is necessary. …