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Closed Box Properly Seized and Searched Under the Plain View Doctrine

The Second Department determined a police officer properly seized evidence under the plain view doctrine.  The box that was seized and opened had the words “Smith & Wesson” on it:

Here, the evidence at the suppression hearing established that a police officer was lawfully present in the apartment building where the defendant resided … . The officer discovered the challenged physical evidence, a handgun and ammunition, in a gun box located in a common storage area accessible to anyone in the building. The box was not locked, and there was no indication that the defendant’s name or other personal identification, such as his apartment number, was on the box which would lead one who observed it to understand that it belonged to the defendant or a person living in his apartment … . The box was clearly marked “Smith and Wesson.” Under these circumstances, the distinctive label on the outside of the box “proclaimed [its] contents” and, as such, made it immediately apparent to the officer that the box contained a firearm …, thus authorizing the officer to seize the box without a warrant … . Furthermore, since the gun box, “by its very nature, could not support any reasonable expectation of privacy because its content could be inferred from its outward appearance” … , the officer lawfully opened the box, and discovered the handgun and ammunition inside. People v John, 2014 NY Slip Op 05653, 2nd Dept 8-6-14

 

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