OR: Syringe was plain view even if not contraband per se

A syringe, although not contraband per se, satisfied the immediately apparent prong of plain view. State v. Wise-Welsh, 318 Ore. App. 146, 2022 Ore. App. LEXIS 357 (Mar. 2, 2022).

“Given these inconsistences, it is impossible to determine ‘exactly what happened’ … and what Ramos and Pimentel saw when they approached the minivan, and, consequently, whether the search of the vehicle under the automobile exception was lawful. Therefore, although we ordinarily defer to credibility determinations made by the hearing court … in the circumstances of this case, we conclude that the branch of the defendant’s omnibus motion which was to suppress the handgun should have been granted ….” People v. Austin, 2022 NY Slip Op 01306, 2022 N.Y. App. Div. LEXIS 1270 (2d Dept. Mar. 2, 2022).*

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