Smith v. State

OPINION ON REHEARING

BUSSEY, Presiding Judge:

On Rehearing the defendant argues that the search of his premises and his arrest— both done without a warrant — were unlawful as based on a subterfuge. He maintains that the officers anticipated that they would find stolen property at the defendant’s place of business, and that they did not actually go there for the purpose of meeting the defendant’s brother-in-law.

*716With regard to a plain-view discovery, the question of subterfuge goes to the. issue of whether or not the officer had a right to be where he or she was when the discovery was made. In…