Question
Jim is driving his car when he is pulled over for running a stop sign. Deputy Shrader tells the driver he ran a stop sign
Jim is driving his car when he is pulled over for running a stop sign. Deputy Shrader tells the driver he ran a stop sign at the last intersection. Deputy Shrader asks for Jim's driver's license. Jim tells the deputy that he doesn't have it since it was suspended a month earlier. Deputy Shrader tells Jim he is under arrest for driving with a suspended license. Deputy Shrader orders Jim to step out of the car. Jim complies and is cuffed. As Jim is being cuffed, he asks if his mother can pick his car up from the roadway since he lives less than a mile away from where he was stopped. Deputy Shrader allows his request and Jim gives the deputy his mom's phone number for him to call her. Deputy Shrader then puts Jim in the back of his patrol car. Deputy Shrader then returns to Jim's car. From outside the car Deputy Shrader notices a baggie on the driver's seat where Jim was sitting. Deputy Shrader reaches into the car and takes the baggie. Does the "plain view" exception apply to this seizure? Why or why not?
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