N.D.W.Va.: A pipe in a car that could have legitimate uses still was incriminating enough for plain view

A pipe logically and usually used for smoking pot was seized in plain view because its incriminating nature was immediately apparent. The fact it could be used for legal substances doesn’t detract from that. United States v. Runner, 2020 U.S. Dist. LEXIS 201400 (N.D. W.Va. Sept. 28, 2020).

Defendant had no reasonable expectation of privacy in his trash left out for collection at the side of the road. Aside from the trash pull, there was probable cause for issuance of this search warrant. Following Tenth Circuit precedent, the search was federal in character because, although it was issued by a state judge to a state officer, the presence of DEA officers made it “federal in character.” Any violation of Rule 41 here, however, is not a constitutional violation. Even if there was a Rule 41 violation, the good faith exception applies. United States v. Nelson, 2020 U.S. Dist. LEXIS 201348 (D. Kan. Oct. 29, 2020).*

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