{"id":3816,"date":"2010-09-06T20:13:20","date_gmt":"2010-02-06T08:40:36","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-02-06T08:40:36","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3816","title":{"rendered":"CA2: Seizure under plain view doctrine during warrant does not require that object be the subject of the warrant"},"content":{"rendered":"

Seizure of non-drug evidence under a search warrant for drugs depends upon its own apparent incriminating nature and it does not have to be related to the drug crime to be valid. Sostre v. County of Suffolk<\/a>, 364 Fed. Appx. 677 (2d Cir. 2010) (unpublished):<\/p>\n

Here, Plaintiffs seem to believe that the fact that possession of chukka sticks is a crime is not enough to support either seizure or arrest because the incriminating character of chukka sticks in drug dealing was not immediately apparent. There is no requirement that the “incriminating character” relate to the objects of the warrant. The chukka sticks were in the closet, plainly covered by the search warrant. See U.S. v. Shi Yan Liu, 239 F.3d 138, 140 (2d Cir. 2000) (explaining that so long as the police act within the scope of the warrant, evidence will not be suppressed simply because it was not particularized in the warrant). It is well-established that “seizure of property in plain view involves no invasion of privacy and is presumptively reasonable, assuming that there is probable cause to associate the property with criminal activity.” Payton v. New York<\/a>, 445 U.S. 573, 587 (1980). Because it is against New York state law to own or possess chukka sticks, there was also sufficient probable cause to support Sostre’s arrest.<\/p><\/blockquote>\n

The law of the scope of immigration stops and inquiries was not clearly established, so the officers could not be held liable for a stop, questioning, and transport to another place for further questioning. Estrada v. Rhode Island<\/a>, 594 F.3d 56 (1st Cir. 2010).<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-3816","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3816","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3816"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3816\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3816"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3816"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3816"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}