Is marijuana seized from a pick-up truck seized during a search warrantless search?

MultiRegion, United States of America

The following excerpt is from U.S. v. Burruel-Leon, 30 F.3d 140 (9th Cir. 1994):

Next, we must decide whether the district court erred in refusing to suppress the ten bundles of marijuana seized from the pick-up truck. The government argues that the plain view doctrine justified the warrantless search of the truck. The plain view doctrine permits admission of evidence seized from a vehicle without a warrant if (1) the officers were lawfully on the premises and (2) the evidentiary character of the item was immediately apparent. Horton v. California, 496 U.S. 128, 136-37 (1990). Defendant does not contest that the evidentiary value of the truck's contents was immediately apparent.

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