example: An informant "looking" for particular evidence drives up the road, parks the car, but can not see in plain view the evidence in question inside of a garage window, (with no enhancements, by the naked eye) He then returns to the car to retrieve a zoom-lense camera to use as a sight enhancement, He then can see the evidence, looking through the garage window, he gets back into the car and drives to the magistrate office, completes an application & affidavit for probable cause, stating that "looking through his camera, he was able to see... " the warrant for the seizure is approved by the magistrate. later, the seizure warrant was presented to me and the items were seized. Important: No place on public, or invited ground could a person have a plain view of inside the garage window. Does anyone know of any case law examples of a situation as described above? Was it a legal search or was it tainted because of the rules under the 4th Amendment? Should the evidence be suppressed?
2007-03-23
18:25:50
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11 answers
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asked by
lookingforafarm
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Law & Ethics