Wednesday, September 2, 2009

9th Circuit - Plain View Opinion

An interesting post has lead to much discussion on the 9th Circuit's Plain View decision.

The discussion has bounced around - attempting to define "neutral 3rd party" and wonders if a non-sworn forensic examiner who happens to work for the law enforcement agency in question could qualify as a "neutral 3rd party" - or - does "neutral" mean not working for the agency at all, as in a privateer lab.

All of this was wrapped around the NAS report discussion and the Melendez-Diaz decision.

Life is certainly getting interesting. Let me know what you think.

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