United States Sixth Circuit

Under the "plain view" doctrine, evidence at issue (a twist tie, a cigarette filter, a spoon with residue, and a bottle) should have been suppressed because it was not intrinsically incriminating, and it was not immediately apparent that the evidence provided probable cause that it was contraband.

Appellate Information

• Decided 11/12/2002
• Published 11/12/2002

Judges

• Before MARTIN, Chief Judge;  MOORE, Circuit Judge;  WISEMAN, Senior District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Roger Dale McLevain, Lexington, KY, pro se.


• For Appellees:
  
• Terry M. Cushing, Assistant United States Attorney (briefed), Erwin Roberts(argued and briefed), Louisville, KY, for Plaintiff-Appellee., John K. West (briefed), Tonya S. Rager (argued), McCoy, West, Franklin & Beal, Lexington, KY, for Defendant-Appellant.