· 7/1/1993
United States v. Phillip E. Naugle
Citations
- 997 F.2d 819
- 1993 U.S. App. LEXIS 16051
- 1993 WL 232158
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that probable cause for a plain view seizure does not “demand any showing that [a reasonable] belief be correct or more likely true than false”
- describing the Horton lawful access requirement as being “implicated in situations such as when an officer on the street sees an object through the window of a house, or when officers make observations via aerial photography or long-range surveillance”
- when officers make observations via long-range surveillance, they “cannot use the plain view doctrine to justify a warrantless seizure, because to do so would require a warrantless entiy upon private premises.”
- severability doctrine is only applicable if the valid portions of the warrant are sufficiently particularized, distinguishable from the invalid portions, and make up the greater part of the warrant
Source: CourtListener parenthetical corpus (CC0).
Judges: Logan, Seymour, Baldock
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.