W.D.La.: Protective sweep for AK-47 was reasonable on knock-and-talk for weapon, denial of entry, and smelling MJ; one officer was to leave for SW

Police properly conducted a protective sweep for an AK-47 after a knock-and-talk did not gain entry. Police had an anonymous source, and defendant was an alleged felon in possession, and they went for a knock-and-talk. Defendant refused to consent, and the police smelled marijuana when the door was open. They decided to seek a warrant and one officer was to leave for that. The others decided on a protective sweep for safety and found the gun leaning against the wall in a bedroom. R&R rejected on this point. Defendant had standing as a frequent guest. United States v. Thurman, 2020 U.S. Dist. LEXIS 234033 (W.D. La. Dec. 11, 2020). And, with the search warrant, discovery would have been inevitable.

An application for a search warrant for child pornography in a cloud account at Microsoft was not stale. It is well known that child pornography collectors keep it for a long time. The application was for the child pornography itself and indicia information to identify and arrest the collector, and it was reasonable. United States v. Bohannon, 2020 U.S. Dist. LEXIS 233601 (N.D. Cal. Dec. 11, 2020).*

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