Defendant was stopped and got out of his car, and in the door was a sawed off shotgun. Questions about the gun next to him were legitimate under Quarles. State v. Anderson, 2023-Ohio-945, 2023 Ohio App. LEXIS 922 (7th Dist. Mar. 23, 2023).
The burden of proof on litigating warrant execution issues isn’t clear. Here, the parties agreed that the state had the burden. State v. Leonard, 2023 Del. Super. LEXIS 136 (Mar. 22, 2023).*
“Plaintiff unsuccessfully advances two reasons why Defendant violated a clearly established right. The first is that ‘[t]he need for a warrant based upon probable case has been known since the adoption of the 4th amendment.’ … While it is certainly true that a warrant is a historical requirement under the Fourth Amendment, to find that this alone creates a clearly established right runs counter to the admonition ‘not to define clearly established law at a high level of generality.’ … Moreover, Defendant does not dispute that a warrant is typically required to conduct a search; instead, he argues that longstanding and specifically delineated exceptions to the warrant requirement apply to the search in this case.” Sambrano v. Moreno, 2023 U.S. Dist. LEXIS 49693 (D. Ariz. Mar. 23, 2023).*