{"id":48512,"date":"2021-05-22T05:28:33","date_gmt":"2021-05-22T10:28:33","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=48512"},"modified":"2021-05-22T05:28:33","modified_gmt":"2021-05-22T10:28:33","slug":"co-prescription-bottles-in-car-door-werent-subject-to-plain-view-search","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=48512","title":{"rendered":"CO: Prescription bottles in car door weren&#8217;t subject to plain view search"},"content":{"rendered":"\n<p>There was no justification for officers to pull prescription bottles from the door of his car during a traffic stop and manipulate them. Plain view didn\u2019t support the seizure and search because the incriminating nature wasn\u2019t immediately apparent even on manipulation because the content wasn&#8217;t obvious. <a href=\"http:\/\/www.courts.state.co.us\/Courts\/Court_of_Appeals\/Opinion\/2021\/17CA1745-PD.pdf\">People v. Alemayehu<\/a>, 2021 COA 69, 2021 Colo. App. LEXIS 727 (May 20, 2021).<\/p>\n\n\n\n<p>Probable cause was shown on the totality for defendant\u2019s house. Information left out by the officers did not detract from probable cause. United States v. McCoy, 2021 U.S. Dist. LEXIS 95131 (D. Minn. May 19, 2021).*<\/p>\n\n\n\n<p>Defendant contends he did not consent to a search of his cell phone on a stopped vessel. The court, however, finds that there were two instances of consent which is found. United States v. Potter, 2021 U.S. Dist. LEXIS 95194 (D. V.I. May 19. 2021).*<\/p>\n\n\n\n<p>Defendant was stopped for a traffic offense, and the government\u2019s proof showed that he voluntarily consented to a search of the vehicle. United States v. De LaRosa-Castillo, 2021 U.S. Dist. LEXIS 95600 (N.D. Ind. May 20, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>There was no justification for officers to pull prescription bottles from the door of his car during a traffic stop and manipulate them. Plain view didn\u2019t support the seizure and search because the incriminating nature wasn\u2019t immediately apparent even on &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=48512\">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":[24,21],"tags":[],"class_list":["post-48512","post","type-post","status-publish","format-standard","hentry","category-consent","category-franks-doctrine"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48512","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=48512"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48512\/revisions"}],"predecessor-version":[{"id":48513,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48512\/revisions\/48513"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=48512"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=48512"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=48512"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}