{"id":16079,"date":"2015-02-24T10:01:13","date_gmt":"2015-02-24T15:01:13","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=16079"},"modified":"2015-02-24T08:15:41","modified_gmt":"2015-02-24T13:15:41","slug":"d-alaska-seizure-of-a-video-recording-from-a-childs-bedroom-during-a-drug-search-warrant-was-an-overseizure-and-suppressed","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=16079","title":{"rendered":"D.Alaska: Seizure of a video recording from a child&#8217;s bedroom during a drug search warrant was an overseizure and suppressed"},"content":{"rendered":"<p>The protective sweep of the house before actual arrival of the search warrant was valid because an additional person stuck a head out the window when the officers first knocked, and they had to be sure there wasn\u2019t another. [Since the warrant had issued, what difference does that make?] The search warrant was for drugs, it wasn\u2019t overbroad, and things were found in plain view. United States v. Benedict, 2015 U.S. Dist. LEXIS 21301 (D.Alaska February 13, 2015).* However, \u201c[h]ere, it is difficult to reason how a videotape discovered in the children&#8217;s bedroom can reasonably be considered to \u2018relat[e] to illegal transactions involving a controlled substance or use,\u2019 as defined by the search warrant. Thus, Defendant&#8217;s Motion to Suppress Evidence at Docket 82 is GRANTED as to the videotape.\u201d United States v. Benedict, 2015 U.S. Dist. LEXIS 20977 (D.Alaska February 23, 2015).<\/p>\n<p>Driving 13 mph in a 25 zone at 2:30 am was reason for a stop. <a href=\"http:\/\/www.courts.mo.gov\/file.jsp?id=83934\">State v. Nunez<\/a>, 2015 Mo. App. LEXIS 163 (February 23, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The protective sweep of the house before actual arrival of the search warrant was valid because an additional person stuck a head out the window when the officers first knocked, and they had to be sure there wasn\u2019t another. [Since &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=16079\">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":[22,35,59],"tags":[],"class_list":["post-16079","post","type-post","status-publish","format-standard","hentry","category-protective-sweep","category-reasonable-suspicion","category-scope-of-search"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/16079","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=16079"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/16079\/revisions"}],"predecessor-version":[{"id":16080,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/16079\/revisions\/16080"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=16079"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=16079"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=16079"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}