{"id":49998,"date":"2021-10-22T08:37:40","date_gmt":"2021-10-22T13:37:40","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=49998"},"modified":"2021-10-22T08:37:40","modified_gmt":"2021-10-22T13:37:40","slug":"d-utah-pc-not-required-for-plain-views-immediately-apparent-element","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=49998","title":{"rendered":"D.Utah: PC not required for plain view&#8217;s &#8220;immediately apparent&#8221; element"},"content":{"rendered":"\n<p>Probable cause is not required for the \u201cimmediately apparent\u201d element of plain view as defendant argues. Still, officers had it to seize his cell phones as involved in his alleged crime. The later issued search warrant for the devices was sufficiently particular. United States v. Yusuf, 2021 U.S. Dist. LEXIS 201495 (D.Utah Oct. 20, 2021).<\/p>\n\n\n\n<p>After police car chase through a high crime area, defendant juvenile\u2019s shielding his body from view and reaching into his pockets when told not to justified his frisk. The drugs found were admissible. The prior case law that was based on a plurality (Commonwealth v. Taylor, 771 A.2d 1261 (Pa. 2001)) is clarified. <a href=\"https:\/\/www.pacourts.us\/assets\/opinions\/Supreme\/out\/J-6-2021mo%20-%20104928255149467701.pdf?cb=1\">In re T.W.<\/a>, 2021 Pa. LEXIS 3814 (Oct. 20, 2021).<\/p>\n\n\n\n<p>Defendant\u2019s apparent traffic offense justified the stop. <a href=\"https:\/\/www.iowacourts.gov\/courtcases\/14219\/embed\/CourtAppealsOpinion\">State v. Bowers<\/a>, 2021 Iowa App. LEXIS 910 (Oct. 20, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Probable cause is not required for the \u201cimmediately apparent\u201d element of plain view as defendant argues. Still, officers had it to seize his cell phones as involved in his alleged crime. The later issued search warrant for the devices was &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=49998\">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":[51,35],"tags":[],"class_list":["post-49998","post","type-post","status-publish","format-standard","hentry","category-plain-view","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49998","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=49998"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49998\/revisions"}],"predecessor-version":[{"id":49999,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49998\/revisions\/49999"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=49998"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=49998"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=49998"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}