Ep. #286: Can police seize evidence in plain view if the suspect hides it before you can seize it?

📌 United States v. Cardona-Rivera, 904 F.2d 1149 (7th Cir.1990) (when arrested defendant, asked what packages in his briefcase contained, said “coke,” he “stripped the cloak of secrecy from the package. It was as if he had unwrapped it and pointed,” and thus warrantless search of package proper); People v. Carper, 876 P.2d 582 (Colo.1994) (where the defendant a civil detainee, so that under state law closed containers on person could not otherwise be opened incident to arrest, defendant's admission that packet taken from his pocket contained cocaine meant he “did not manifest a subjective privacy interest in the contents of his pockets or of the bindle,” so opening it no search).

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