State v. Halczyszak

I concur in the majority’s determination that the Oldsmobile (specified in the warrant), its “clone” car, and certain tools (which were in close proximity to or adjacent to these two cars) were lawfully seized and admissible as evidence. I also agree with that portion of today’s decision which holds the officers’ seizure of patently innocent automobile parts and tools discovered elsewhere on the premises was not justified under the plain view doctrine and that these items could be suppressed as evidence. For the reasons which follow, however, I dissent from the remainder of the holding and I…