{"id":12364,"date":"2014-07-02T07:18:14","date_gmt":"2014-07-02T12:18:14","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=12364"},"modified":"2014-07-02T09:47:15","modified_gmt":"2014-07-02T14:47:15","slug":"e-d-tenn-a-protective-sweep-wasnt-justified-where-the-officers-werent-legitimately-concerned-about-safety","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=12364","title":{"rendered":"E.D.Tenn.: A protective sweep wasn&#8217;t justified where the officers weren&#8217;t legitimately concerned about safety"},"content":{"rendered":"<p>A protective sweep was not justified in this case. Defendant was being talked to about shooting a shotgun at a racoon, and the other person in the house was conceded at the time to be passive and known to be completely uninvolved. Defendant wasn\u2019t even handcuffed until the gun was found. United States v. Gregg, 2014 U.S. Dist. LEXIS 89112 (E.D. Tenn. June 19, 2014).<\/p>\n<p>Officers had an arrest warrant, and they found defendant at a hotel room. He wouldn\u2019t open the door more than a couple of inches at first, and that concerned the officers. Once inside, there was a man in bed who kept his hands under the covers, and that also concerned the officers. A protective sweep was reasonable. <a href=\"http:\/\/www.judicial.state.sc.us\/opinions\/HTMLFiles\/COA\/5246.pdf\">State v. Johnson<\/a>, 2014 S.C. App. LEXIS 162 (June 30, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A protective sweep was not justified in this case. Defendant was being talked to about shooting a shotgun at a racoon, and the other person in the house was conceded at the time to be passive and known to be &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=12364\">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":[22],"tags":[],"class_list":["post-12364","post","type-post","status-publish","format-standard","hentry","category-protective-sweep"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12364","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=12364"}],"version-history":[{"count":4,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12364\/revisions"}],"predecessor-version":[{"id":12368,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12364\/revisions\/12368"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=12364"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=12364"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=12364"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}