If the officer knows the defendant is a felon, then the incriminating nature of a gun in his possession is \u201cimmediately apparent\u201d for plain view. United States v. Walker, 2012 U.S. Dist. LEXIS 185388 (E.D. Tenn. December 27, 2012).<\/p>\n
Defendant was arrested for FIPF. Officers with an arrest warrant went to a house in the early morning hours and saw two men in chairs in the yard, apparently asleep. In defendant\u2019s lap was a gun. Officers took the gun and handcuffed him. The gun\u2019s serial number and defendant\u2019s identity would have been run in any event, and that was inevitable discovery, even if the gun was illegally seized. United States v. Mohammed<\/a>, 512 Fed. Appx. 583 (6th Cir. 2013).*<\/p>\n Questions to a stopped motorist about the purpose of their trip all occurred within four minutes and did not unreasonably extend the stop. United States v. Santellana, 920 F. Supp. 2d 712 (W.D. La. 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading