The following excerpt is from People v. Hernandez, 2005 NY Slip Op 52242(U) (NY 12/27/2005), 2005 NY Slip Op 52242(U) (N.Y. 2005):
The People do not contend that the entry onto Defendant's property was justified by exigent circumstances that would justify a warrantless entry onto the property, nor is there evidence in the record to support such a contention. Rather, they urge an exception to the requirement of a warrant, based on the often misinterpreted doctrine of "plain view," which resulted in the officer's mistaken impression that so long as evidence is clearly visible from a public area, it is subject to warrantless seizure. People v. Saurini, 201 AD2d 869 (4th Dept 1994).
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