Cesar Moya v. United States

COFFEY, Circuit Judge,

dissenting.1

I dissent from the majority’s glossed over representation of the facts as initially found by the district court in United States v. Moya, 561 F.Supp. 1, 2-3 (N.D.Ill.1981) and as later set forth by this court in United States v. Moya, 704 F.2d 337, 339-40 (7th Cir.1983), because the facts are vital to a proper determination of probable cause. I further dissent from the majori*328ty’s absolute refusal to apply the plain view doctrine recently enunciated by the United States Supreme Court in Texas v. Brown, 460 U.S. 730, 103 S.Ct. 1535, 75 L.Ed.2d 502 (1983) and…