E.D.Mo.: Empty sandwich bag in car not subject to plain view; incriminating nature not immediately apparent

The government failed to establish reasonable suspicion for defendant’s stop on an anonymous tip where nothing of substance was furnished contrary to Navarette. Moreover, it wasn’t immediately apparent an empty sandwich bag in the car was incriminating for plain view. United States v. Bost, 2022 U.S. Dist. LEXIS 67945 (E.D.Mo. Mar. 28, 2022), adopted, United States v. Bost, 2022 U.S. Dist. LEXIS 67945 (E.D.Mo. Apr. 13, 2022).

Defendant was involved in a mere encounter with the police, and they didn’t command him to stop. Commonwealth v. Thomas, 2022 Pa. Super. LEXIS 163 (Apr. 12, 2022).*

Defendant was not subject to questioning when he volunteered “there’s a gun in the back” of the car. Also, search would be valid as inventory. United States v. Guerrero-Lopez, 2022 U.S. Dist. LEXIS 66424 (D.Nev. Apr. 11, 2022).*

“Jean also claims that the first and third set of records were obtained in violation of Jean’s Fourth Amendment rights, but he provides no explanation or support for this assertion. We deem this argument waived because it was ‘not sufficiently argued in the briefs.’” United States v. Jean, 2022 U.S. App. LEXIS 9923 n.1 (2d Cir. Apr. 13, 2022).*

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