United States v. Ronald Blake , 484 F.2d 50 ( 1973 )

LAY, Circuit Judge

(concurring).

I concur solely on the alternative ground that the seizure of the white purse was justified under the “plain view” doctrine. The police went to the basement solely to see whether other persons presenting a security risk might be present. The officers, thus, had a right to be there. The purse with plastic material protruding from it, which Blake had attempted to conceal, was in plain sight. Their discovery of the same was inadvertent. I cannot justify the seizure on the ground that the police had probable cause to search the basement for contraband because Blake had secreted the purse in the clothes chute. First, neither of the officers who went to the basement saw or even knew that Blake had placed the purse in the clothes chute. Second, the officers went to the basement, not to search for the purse, but to see if any other persons might be there. Simply because the white purse was missing should not give police officers carte blanche to make a general search of the apartment. I dislike relying on a new and questionable doctrine to expand a search beyond the limitations of Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969), without proper foundation and, more importantly, when not necessary.