California, United States of America
The following excerpt is from People v. Macfarlane, A141326 (Cal. App. 2016):
10. Citing Texas v. Brown, supra, 460 U.S. 730, the trial court observed, "The issue is probable cause." It then ruled: "Initially I think a lot of the language was that the deputy was unsure. The testimony that I heard today is that the deputy believed it was an assault rifle, that he had a conversation with [defendant] who was extremely cooperative at the time, and based on that conversation with [defendant], the deputy released [defendant] and took the rifle in order to have it sent to, most likely, . . . the Department of Justice. [] So the fact that the deputy wanted to confirm this was an assault rifle did not mean there was not probable cause. [] So I do believe there was probable cause based on the testimony and . . . a consent to enter the home and that the weapon was found in plain view. So the motion is denied." (Italics added.)
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