Is a shopping bag search within the plain view search warrant requirement?
"New York", United States of America
The following excerpt is from People v. Montgomery, 128 Misc.2d 463, 489 N.Y.S.2d 975 (N.Y. City Ct. 1985):
The People argue that the search of the shopping bag falls within the plain view exception to the warrant requirement. New York appellate courts have adopted this exception (People v. Etoll, 51 N.Y.2d 840, 433 N.Y.S.2d 750, 413 N.E.2d 1165 ).
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