Plain View

If an Officer Moves a Refrigerator to Grab Two Bags of Cocaine Observed in Plain View and the Freezer Inadvertently Opens to Reveal a Locked Safe … is that Reasonable?

By Admin|2023-05-22T08:15:19-04:00May 19th, 2023|Plain View, Third District Appellate Court of Ohio|

In his merit brief, Mr. Frisbie also asserts in passing that the officers’ movi [...]

Does Shining a Flashlight Into a Lawfully Stopped Car Violate the Plain View Doctrine?

By Admin|2023-04-07T11:31:06-04:00April 7th, 2023|Eighth District Appellate Court of Ohio, Plain View, Traffic Stops|

Officer Cramer’s use of a flashlight was permissible and did not preclude appli [...]

Is Knocking on an Occupied Vehicle’s Window a ‘Physical Trespass’ that Requires Reasonable Suspicion?

By Admin|2023-03-27T09:49:55-04:00March 24th, 2023|Consensual Encounter, First District Appellate Court of Ohio, Investigative Detention, Plain View|

No! Contrary to Mr. Collins’s argument that his encounter with Officer Condon w [...]

In the Sixth Circuit Appellate Court … for an Item to be Admissible Under the Plain View Doctrine, it Must be ‘Immediately Apparent’ to the Officers at Scene and ‘Sluggishly Apparent’ to the Judge while Watching Body Camera Video in His Office

By Admin|2023-07-06T22:35:39-04:00March 20th, 2023|Plain View, Sixth Circuit|

The objects purportedly seen by Det. Kopchak were not immediately and apparentl [...]

Did the Trial Court Judge Correctly Conclude that Officer Holland Could Not Seize Methamphetamine in Plain View?

By Admin|2022-07-29T08:28:48-04:00July 29th, 2022|Impounding, Plain View, Twelfth District Appellate Court of Ohio|

The trial court's decision in this case stretches the Fourth Amendment's protec [...]

Must a Law Enforcement Officer know the Specific Traffic Violation Committed by a Suspect when Directed by Another Law Enforcement Officer Over the Radio?

By Admin|2021-11-16T18:37:15-05:00November 17th, 2021|First District Appellate Court of Ohio, High Crime Area, Plain View, Probable Cause|

No! [E]ven where the officer making the stop lacks all of the information justi [...]

Tylon Avoided Application of the Plain View Doctrine for the Baggies in his Buttocks … But could he Avoid the Plain View Doctrine Altogether?

By Admin|2021-11-07T15:26:37-05:00November 8th, 2021|First District Appellate Court of Ohio, High Crime Area, Plain View, Probable Cause|

We find that Mr. Thompson was lawfully ordered out of his vehicle and that any [...]

Plain View Pocket Peek-a-Boo with Mr. Metz’s Meth

By Admin|2021-10-26T17:25:01-04:00October 25th, 2021|Investigative Detention, Plain View, Sixth District Appellate Court of Ohio|

But Would the Sixth District Appellate Court find his Meth-filled Ziploc Baggie [...]

Kennedy’s Marijuana Sprint led to Plastic Baggie Peek-a-Boo and the application of the Single Purpose Container Doctrine

By Admin|2021-03-28T21:39:14-04:00March 29th, 2021|Plain View, Single Purpose Container Doctrine, Third District Appellate Court of Ohio, Warrants|

[W]e conclude that law enforcement was authorized to search the bookbag under t [...]

Did Lamar Have a Right of Privacy Inside of a Hospital Room He No Longer Occupied?

By Admin|2021-02-07T20:34:13-05:00February 8th, 2021|Plain View, Probable Cause, Sixth Circuit|

Or Could Law Enforcement Use the Plain View Doctrine? The seizure of Clancy’s b [...]