{"id":6833,"date":"2012-05-01T09:52:53","date_gmt":"2012-03-16T12:19:33","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-03-16T12:19:33","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6833","title":{"rendered":"CA8: SW for \u201cguns, drugs, and ammunition\u201d permitted officers to search a box and open folded papers"},"content":{"rendered":"

In a search warrant for \u201cguns, drugs, and ammunition,\u201d officers searched a box and opened folded papers finding child pornography. This was valid as a plain view because the officers have the authority to look in folder papers for drugs. United States v. McManaman<\/a>, 673 F.3d 841 (8th Cir. 2012):<\/p>\n

Under a warrant to search McManaman’s home for guns, drugs, and ammunition, officers would have had the authority to search in any closet, container, or other closed compartment in the building large enough to contain the possible contraband. See United States v. Ross, 456 U.S. 798, 820-21 (1982). We have applied the plain view doctrine in similar circumstances where a search warrant “authorized the police to seize, among other things, drugs and drug paraphernalia, either of which could have been stored in a box in a closet. The police were, therefore, acting within the scope of the warrant when they opened the box containing [incriminating] photos.” United States v. Evans, 966 F.2d 398, 400 (8th Cir. 1992). Even if the pictures in the present case were folded up in the box, it seems reasonable to conclude, as the magistrate judge did, that “officers would have had reason to unfold the documents to determine whether they contained drugs, which often are contained within folded pieces of paper.” United States v. McManaman, No. CR10-4024-MWB, 2010 WL 3717288 at *7 n.2 (N.D. Iowa Sept. 15, 2010).<\/p>\n

The officers came across the photographs and the videotape with McManaman’s step-daughter’s name on it within the scope of a search that would have been proper had they obtained a search warrant. Because the incriminating nature of this evidence was immediately apparent to the officers, they were entitled to seize it under the plain view doctrine. Therefore the district court did not err in denying McManaman’s motion to suppress because of the inevitable discovery doctrine.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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