How does the "plain sight" rule apply in the context of possession of a firearm?
California, United States of America
The following excerpt is from People v. Superior Court for Marin County, 147 Cal.Rptr. 376, 83 Cal.App.3d 536 (Cal. App. 1978):
In order for this "plain sight" rule to apply, there must be a connection or "nexus" between the item seized and the alleged criminal behavior. In cases where the item is contraband, this nexus is automatically satisfied, since possession of the item itself is evidence of the criminal activity. (People v. Hill (1974) 12 Cal.3d 731, 762, 117 Cal.Rptr. 393, 528 P.2d 1.)
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