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Presume digital devices capable of storing electronic data containing child pornography are listed as objects to search for and seize in a federal search warrant
Presume digital devices capable of storing electronic data containing child pornography are listed as objects to search for and seize in a federal search warrant directed at someone's home in Norfolk, VA There is no mention of illegal drugs, such as cocaine, in the warrant Now suppose, pursuant to this search warrant, an FBI agent lawfully opens a dresser drawer in the home and sees a package in which it is immediately apparent that it contains cocaine. If the FBI agent seizes the cocaine:
the cocaine will not be admissible as evidence in a criminal trial because the FBI agent lacked probable cause to open the dresser drawer.
It depends as to whether the agent had received permission from the federal prosecutor AUSA to open the drawer.
the cocaine will be not be admissible as evidence in a criminal trial because this was an unlawful search and seizure under the Fourth Amendment.
the cocaine will be admissible as evidence in a criminal trial under the plain view doctrine.
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