This section contains the nature of the case and procedural background.

Two men committed an armed robbery. One robber was wearing a red running suit. Police, that same day, got an arrest warrant for Buie (D) and Allen (D1) and D's house was placed under surveillance. The warrant for D was executed two days later. Once inside D's house the officers fanned through the first and second floors and then the basement was put under guard so no one could surprise them. An officer shouted into the basement for anyone there to come out. D eventually emerged from the basement. He was arrested, searched, and handcuffed by the officer. Another officer entered the basement to make sure that no one else was down there. He noticed a red running suit lying in plain view and seized it. The trial court denied the motion to suppress that evidence.

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