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