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As you know investigations starting in one district magically end up in another Circuit where there is some nexus and where the law on an important point is more favorable to the government's case.
The two best circuits in the country for the government are the 4th and 2nd. The best districts the SDNY and EDVA
So yes, a reading of plain view in SDNY would be more permissive than in DC?
On issue of plain view i suspect circuits fairly uniform: 1) was the presence lawful; 2) was the item recovered during security scan; 3) was the item recovered located within an area where an item sought could be found? Search for shotgun does not permit search of jewelry box.
As I recall there is scant precedent on examination of taint procedures.
To say the least.
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