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U.S. v. MOSS

No. 90-5222.

963 F.2d 673 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Bryan A. MOSS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 1, 1992.

As Amended May 21, 1992.

Attorney(s) appearing for the Case

Brenda G. Brewer, Sylva, N.C., argued, for defendant-appellant.

Thomas Richard Ascik, Asst. U.S. Atty., Asheville, N.C., argued (Thomas J. Ashcraft, U.S. Atty., on brief), for plaintiff-appellee.

Before HALL and PHILLIPS, Circuit Judges, and WILLIAMS, United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

PHILLIPS, Circuit Judge:

The issue is whether evidence that a small quantity of marijuana was discovered "in plain view" during a federal officer's warrantless search of a legally-occupied National Forest camper's cabin under the mistaken belief that its occupation was unauthorized should have been suppressed as evidence under the exclusionary rule. We conclude that under the circumstances the warrantless entry for search purposes could only have...

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