finding seizure illegal absent probable cause to believe medicine vial contained contraband or endangered officer’s safety at the time of the initial intrusion
How later courts described this case
- finding seizure illegal absent probable cause to believe medicine vial contained contraband or endangered officer’s safety at the time of the initial intrusion
- sight of medicine vial with prescription label does not constitute probable cause; no evidence that officer had narcotics experience
Written by the judges who cited it.
The opinion
YEAGLEY, Associate Judge
(concurring) :
I concur in the opinion of the court insofar as it finds no “plain view” basis for the seizure of the medicine vial from appellant’s auto. I have some difficulty, however, in finding circumstances present here to justify the initial intrusion into the car. The clear right of the officers to make a spot check justified them in asking the appellant to produce his driver’s permit and car registration, 1 which the officer said was done promptly. Those papers bejng in order, the earlier furtive movements of the passenger below the seat and the presence of a hole in the front door latch do not, in my view, provide the ingredients needed to make a search of the car reasonable lacking a prior custodial arrest. Watts v. United States, D.C.App., 297 A.2d 790 (1972), and authorities cited therein.
. See Palmore v. United States, D.C.App., 290 A.2d 573, 583 (1972), aff’d on other grounds, 411 U.S. 389 , 93 S.Ct. 1670 , 36 L.Ed.2d 342 (1973).