5.9.3

JurisdictionArizona

§ 5.9.3 Seeing Evidence or Weapon in Plain View

If police see evidence in plain view while they are conducting a protective sweep (looking only in places where a person could hide), the police may seize that evidence. State v. Martin, 139 Ariz. 466, 470, 679 P.2d 489, 493 (1984). However, this does not authorize a search of the rest of the house. Police must secure the house and obtain a separate search warrant to search places other than where a person could be found unless another warrant exception...

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