A beefy view

August 8, 2011

  • 349 Searches and Seizures
  • 349I In General
  • 349k47 Plain View from Lawful Vantage Point
  • 349k49 k. Nature of Items Seized; Nexus.

349 Searches and SeizuresOfficer executing arrest warrant for larceny of domestic animals, who could see cow’s head in kitchen sink from outside house and who, upon entering house, could see quarters of beef hanging from rafters in garage and stockyard receipts for cattle, was in place where he had right to be, so that seizure of such evidence was proper under the plain view doctrine.
Shepard v. State, 756 P.2d 597 (Okla. Crim. App. 1988)

Suggested by Todd Duncan, Attorney; Joaquin & Duncan, LLC; Bedford, TX