E.D.Pa.: Gov’t failed its burden to show plain view

The stop was justified by a taillight violation, but the government failed in its burden of proof to show that the gun seized was actually in plain view. “It remains unclear if Officer Washington opened the door or not; however, it is clear that he needed the car door to be open in order to provide the angle or position needed to observe the weapon in plain view while remaining outside of the Towncar. Not knowing the status of the door leaves the Court completely guessing as to whether Officer Washington had a right of access to Cook’s Towncar. As such, the Government has failed to meet its burden of showing that Officer Washington had a right of access to Cook’s Towncar.” United States v. Cook, 2015 U.S. Dist. LEXIS 57792 (E.D.Pa. May 1, 2015).