I think you need to rethink this one.flb_78 wrote:In plain view is anything above the window line. When Im in my van, it sits on the center console. It is below the window line and it's legal. I could keep it in my lap and it would be legal just as long as the handgun stays below the window line.
Plain view is exactly that. If you are pulled over and an officer can see it then it is in plain view and you are breaking the law. The case law is Coolidge vs New Hampshire ruled on by SCOTUS I think but I am far from a lawyer.
Here is a common sense story to think about. Someone is pulled over for speeding but has a bag of drugs sitting on his lap or console were the officer can see it. Does the officer:
A. Say "Oops. It's not above the window line so I can't do anything about it."
B. Remove the person from the car, secure the drugs and give them a free ride downtown.