PA: Lifting floor mat in protective weapons search of car was reasonable

Lifting the floor mat during a protective weapons search of a car is reasonable. Defendant’s IAC claim fails because the search was valid. Commonwealth v. Watley, 2016 PA Super 311, 2016 Pa. Super. LEXIS 810 (Dec. 29, 2016).

A 911 call came saying that the defendant was holding a woman against her will at his house. The 911 caller said he grabbed the woman by the neck and pulled her into the house. When they got to the scene, a neighbor attempted calling, 20 times with no answer in ten minutes. Police decided to enter from the back door, and defendant came out the door in his underwear with his hands up. The woman could be heard screaming inside. They did a protective sweep and defendant signed a consent to search form that told him of his right to refuse. He consented. The emergency entry was valid and the more intense search by consent was too. Collado v. State, 2016 Fla. App. LEXIS 19271 (Fla. 3d DCA Dec. 28, 2016).*

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