{"id":32444,"date":"2018-03-29T07:55:00","date_gmt":"2018-03-29T12:55:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=32444"},"modified":"2018-03-29T08:06:57","modified_gmt":"2018-03-29T13:06:57","slug":"ms-catch-all-phrase-in-sw-that-permitted-seizure-of-that-which-was-found-in-plain-view-was-merely-a-restatement-of-the-plain-view-doctrine","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=32444","title":{"rendered":"MS: \u201cCatch all\u201d phrase in SW that permitted seizure of that which was found in plain view was merely a restatement of the plain view doctrine"},"content":{"rendered":"<p>A \u201ccatch all\u201d phrase that permitted seizure of that which was found in the course of a valid search was merely a restatement of the plain view doctrine, and that doesn\u2019t justify suppression. Defendant\u2019s other scope of search claim was waived by not presenting it to the trial court.  <a href=\"https:\/\/courts.ms.gov\/Images\/Opinions\/CO128327.pdf\">Jones v. State<\/a>, 2018 Miss. App. LEXIS 142 (Mar. 27, 2018).<\/p>\n<p>Claim that defendant\u2019s cell phone was searched without a warrant wasn\u2019t presented to the trial court and can\u2019t be raised on appeal. <a href=\"https:\/\/courts.ms.gov\/Images\/Opinions\/CO128308.pdf\">Britton v. State<\/a>, 2018 Miss. App. LEXIS 139 (Mar. 27, 2018).*<\/p>\n<p>There was probable cause for issuance of the search warrant based on statements of children that defendant had shown them pictures of other naked children. <a href=\"https:\/\/courts.ms.gov\/Images\/Opinions\/CO128360.pdf\">Lowe v. State<\/a>, 2018 Miss. App. LEXIS 141 (Mar. 27, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A \u201ccatch all\u201d phrase that permitted seizure of that which was found in the course of a valid search was merely a restatement of the plain view doctrine, and that doesn\u2019t justify suppression. Defendant\u2019s other scope of search claim was &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=32444\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[104,51,20],"tags":[],"class_list":["post-32444","post","type-post","status-publish","format-standard","hentry","category-burden-of-pleading","category-plain-view","category-probable-cause"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32444","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=32444"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32444\/revisions"}],"predecessor-version":[{"id":32447,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32444\/revisions\/32447"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=32444"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=32444"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=32444"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}