Assume that law enforcement offi cers have a warrant to arrest the defendant for stealing guns four months

Assume that law enforcement offi cers have a warrant to arrest the defendant for stealing guns four months ago. The offi cers suspect that the guns are at the defendant’s home, but that suspicion is based on stale information insuffi cient to obtain a search warrant. May the offi cers seize guns found in plain view when they arrest the defendant? Would it make any difference if the offi cers could have easily found out whether the guns were still at the defendant’s home by contacting a reliable informant?

 


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