{"id":12014,"date":"2014-06-13T07:10:00","date_gmt":"2014-06-13T12:10:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=12014"},"modified":"2014-06-13T07:10:00","modified_gmt":"2014-06-13T12:10:00","slug":"wi-search-of-a-backpack-for-sawed-off-shotgun-was-based-on-exigency","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=12014","title":{"rendered":"WI: Search of a backpack for sawed-off shotgun was based on exigency"},"content":{"rendered":"<p>Search of a backpack for a sawed-off shotgun was justified by exigent circumstances. The officer was already investigating when the report was received that there likely was such a weapon involved. Requiring a search warrant at that point was completely impractical and could have provoked violence. <a href=\"http:\/\/wicourts.gov\/ca\/opinion\/DisplayDocument.pdf?content=pdf&#038;seqNo=113963\">State v. Kirby<\/a>, 2014 Wisc. App. LEXIS 466 (June 11, 2014).*<\/p>\n<p>There was reasonable suspicion for defendant\u2019s stop and frisk when he showed up for a sale of stolen jewelry taken in a Craigslist robbery driving a vehicle matching the description of the vehicle involved in the robbery. <a href=\"http:\/\/www.iowacourts.gov\/About_the_Courts\/Court_of_Appeals\/Court_of_Appeals_Opinions\/Recent_Opinions\/20140611\/13-0516.pdf\">State v. Radke<\/a>, 2014 Iowa App. LEXIS 593 (June 11, 2014).*<\/p>\n<p>A four month delay in a child pornography\/child exploitation case was not stale. The federal courts have found longer delays not stale. [I daresay I\u2019ve never seen a child porn warrant found stale.] <a href=\"http:\/\/www.tsc.state.tn.us\/sites\/default\/files\/OPINIONS\/TCCA\/PDF\/103\/Johnny%20B%20Ewing%20II%20vs%20State.pdf\">State v. Ewing<\/a>, 2014 Tenn. Crim. App. LEXIS 549 (June 11, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Search of a backpack for a sawed-off shotgun was justified by exigent circumstances. The officer was already investigating when the report was received that there likely was such a weapon involved. Requiring a search warrant at that point was completely &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=12014\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3,35,8],"tags":[],"class_list":["post-12014","post","type-post","status-publish","format-standard","hentry","category-emergency-exigency","category-reasonable-suspicion","category-staleness"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12014","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=12014"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12014\/revisions"}],"predecessor-version":[{"id":12015,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12014\/revisions\/12015"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=12014"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=12014"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=12014"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}