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CA2: Seizure under plain view doctrine during warrant does not require that object be the subject of the warrant

By John Wesley Hall, Jr.

Seizure of non-drug evidence under a search warrant for drugs depends upon its own apparent incriminating nature and it does not have to be related to the drug crime to be valid. Sostre v. County of Suffolk, 2010 U.S. App. LEXIS 2433 (2d Cir. February 5, 2010) (unpublished): Here, Plaintiffs seem to believe that the fact that possession of chukka sticks is a crime is not enough to support either seizure or arrest because the incriminating character of chukka sticks in drug dealing was not immediately apparent. There is no requirement that the "incriminating character" relate to the objects of the warrant. The chukka sticks were in the closet, plainly covered by the search warrant. See U.S. v. Shi Yan Liu, 239 F.3d 138, 140 (2d Cir. 2000) (explaining that so long as the police act within the scope of the warrant, evidence will not be suppressed simply because it was not particularized in the warrant)...continue to full post

Full post as published by Fourth Amendment on February 06, 2010 (boomark / email).