Q: Challenge to probable cause under Plainview doctrine for alleged marijuana blunts in cigarette pack; no contraband found, ongoing tampering charges.

A: The Plain View Doctrine requires that officers must have lawful access to the object and its incriminating nature must be immediately apparent. In your situation, the officer's claim of seeing "brown marijuana blunts" raises significant questions about whether the incriminating nature was truly "immediately apparent" without additional sensory evidence like smell or visible loose marijuana. This creates a potential vulnerability in the prosecution's case, as the doctrine requires more than mere suspicion—the officer must have probable cause to believe the item is contraband or evidence of a crime.

The subsequent tampering charge presents a complicated legal scenario given that no contraband was ultimately recovered. Tampering charges typically require proof that you knowingly altered, destroyed, or concealed evidence with intent to impair its availability in an investigation. The prosecution faces a substantial burden to prove beyond reasonable doubt that: 1) the items were actually marijuana blunts, 2) you consumed them specifically to destroy evidence, and 3) you possessed knowledge they were about to be used as evidence. Without direct observation of consumption or definitive proof the items were contraband, this creates potential weaknesses in their case.

You may have grounds to challenge both the initial search and the tampering charge through a motion to suppress based on insufficient probable cause for the initial search. If the officer could not articulate specific, articulable facts supporting immediate recognition of marijuana (versus regular cigarettes or legal hemp products), the initial justification for search may fail constitutional scrutiny. Your defense strategy should focus on challenging the officer's ability to identify marijuana blunts from a distance without confirmatory evidence, while also highlighting the difficulty in proving tampering when no contraband was recovered and consumption wasn't directly witnessed.