Question.5811 - In United States v. McLevain, 310 F.3d 434 (6th Cir. 2002), officers executing a search warrant for a residence authorizing the seizure of two individuals, one of whom did not live at the residence, found the following items in plain view: a twist tie and a cut cigarette filter under the bed in the master bedroom; a spoon with residue on a tackle box in a sink in the garage (an officer “seized” this residue at the scene and conducted a test to determine if it was an illegal drug); and a prescription bottle, with no label, filled with a clear liquid that looked like water (the bottle was found on a mantle in the home). The court did not admit any of the items as illegal contraband. Why?
Answer Below:
During this case, The officers conducted a search warrant to apprehend two individuals. One of the individuals was located in the hallway of the resid...
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