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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.
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