State v. Andreskewicz
The State appealed a trial court order suppressing drug paraphernalia and related evidence found during a traffic stop, arguing the court applied the wrong legal standard under the open view doctrine. The Sixth DCA agreed, holding that police need not know with certainty that an item is contraband to establish probable cause to seize it—only that the facts would lead a reasonable, cautious officer to believe the item may be contraband. Because the trial court required the officer to know 'on its face' that the tube was paraphernalia before seizure, it applied a heightened standard, and the suppression order was reversed and remanded.
Key facts
- Police officer conducted a traffic stop and observed a tube in the vehicle that the officer, based on training and experience, identified as drug paraphernalia with residue.
- The trial court suppressed the tube and related evidence, finding the officer lacked probable cause to seize it because the officer could not know 'on its face' that it was paraphernalia.
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Why it matters
This opinion reinforces and clarifies the probable cause standard applicable to open-view/plain-view seizures during traffic stops, rejecting any requirement that an officer be certain an item is contraband before… — full analysis with a trial
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