United States First Circuit

In a prosecution of defendant for being a felon in possession of a firearm, arising from his arrest for domestic violence, a denial of a motion to suppress a gun and ammunition seized during an inventory search of defendant's motorcycle impounded by the police is affirmed under plain view exception to the warrant requirement where: 1) the officers had lawfully reached the position from which they saw the objects that they subsequently seized; 2) the police had probable cause to believe that crimes had been committed and that the motorcycle and license plate constituted evidence of those crimes; and 3) the officers were lawfully in the parking lot and could access the motorcycle without trespassing.

Appellate Information

• Decided 07/09/2010
• Published 07/09/2010

Judges

• SELYA, J.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Jonathan Shapiro, Kelly Begg Lawrence