Unnecessarily Suggestive Show-Up Bleg
Will "43" Get a Re-Grade?

"Pirate" CDs in Plain View Equal PC to Search?

McLaughlin v. Commonwealth (pdf) is a Virginia appellate court decision that highlights an odd angle on Fourth Amendment plain view doctrine. After an apparently legit stop for an "equipment violation," an officer saw compact discs in a "poor quality made CD case with the labeling" in the defendant's car. He and fellow officers came to the conclusion that the CDs were pirated. Based on this "plain view" of the illegal "pirate" cds, the officers searched the car and found marijuana. This evidence was used to convict the defendant for possession with intent to distribute. The  trial court denied the defendant's motion to suppress the evidence. The appellate court, however, saw things a bit differently.

A hat tip goes to Metafilter for this one.