Plain View Doctrine

Hi,

NY State

A car crashes into a lamp post and the driver is dazed. A police officer would like to reposition the vehicle himself (because it is a hazard to oncoming traffic and the driver is incapable of repositioning the car himself) and as he is about to get in the car, he realizes that one of the tires are flat. When goes around to the back of the car to retrieve a spare tire from the trunk, he inadvertently comes across a duffel bag (opaque) beneath the spare tire.
The police officer is suspicious because of the awkward location of the duffel bag. Is he allowed to open the bag to take a look at its contents? Can a situation like this ever conform to the plain view doctrine?

Eb

Now do you see how EASY it is to catch stupid criminals!!!!!!

Criminals never take care of their cars, or make sure a duffel bag is not under a spare tire, or they drive with headlights, tail lights broken, and when a cop stops them, they have no ID or license on them...or it suspended, or no insurance...

Just watch the TV show COPS....the dumbazzz people are for real.

Changing a tire to reposition a wrecked car? Hmmm. I wouldn't bother even if were my own car.