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N.D.Ohio: Officer's claim that small quantity of drugs was "immediately apparent" in a messy car floorboard was rejected

By John Wesley Hall, Jr.

Officer’s plain view of a “chunk” of drugs the size of a pinky fingernail seen from outside the car looking in to a messy floorboard could not be “immediately apparent” for plain view. United States v. Williams, 2010 U.S. Dist. LEXIS 88850 (N.D. Ohio August 27, 2010): Trooper Greene testified that he was standing outside the car with the door closed looking inside when he observed the "chunk." [Doc. 26 at 25.] He further testified that the "chunk" was "slightly smaller than [a] pinky fingernail." [Doc. 26 at 20.] Other testimony showed the interior of the vehicle was messy with torn carpeting and that discarded items were scattered throughout the car. [Exhibit DX3.] The Court finds that from Trooper Greene's vantage point, standing outside of a sport utility vehicle with the door closed and peering in through the window into a messy vehicle, the incriminating character of a fingernail-sized piece of plant matter could not be "immediately apparent...continue to full post

Full post as published by Fourth Amendment on September 01, 2010 (boomark / email).