{"id":19371,"date":"2015-10-29T12:37:46","date_gmt":"2015-10-29T17:37:46","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=19371"},"modified":"2015-10-29T12:37:46","modified_gmt":"2015-10-29T17:37:46","slug":"la1-protective-sweep-of-outdoor-grill-invalid-when-def-arrested-20-away","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=19371","title":{"rendered":"LA1: Protective sweep of outdoor grill invalid when def arrested 20&#8242; away"},"content":{"rendered":"<p>Defendant saw the narcs pull up and he walked toward them and was arrested in the street. Nobody else was in his yard. A protective sweep lifting the top of his barbecue grill when he was more than 20&#8242; away from it was unreasonable. There was no chance he or somebody else was going to get to it for a possible weapon. <a href=\"http:\/\/www.la-fcca.org\/opiniongrid\/opinionpdf\/2014%20KA%201535%20Decision%20Appeal.pdf\">State v. Moultrie<\/a>, 2015 La. App. LEXIS 2084 (La.App. 1 Cir. Oct. 23, 2015).<\/p>\n<p>Officers attempted to stop the defendant for drinking in public and he ran. In pursuit, he pulled out a gun and attempted to toss it, but he didn\u2019t get to until he was tackled going over a fence. Since there was reasonable suspicion to approach him, the attempted abandonment of the gun wasn\u2019t precipitated by an illegal act. <a href=\"http:\/\/courts.delaware.gov\/opinions\/(1irv5o45bey1uzz5hlkcmvqo)\/download.aspx?ID=231550\">Mathis v. State<\/a>, 2015 Del. LEXIS 567 (Oct. 23, 2015).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant saw the narcs pull up and he walked toward them and was arrested in the street. Nobody else was in his yard. A protective sweep lifting the top of his barbecue grill when he was more than 20&#8242; away &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=19371\">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-19371","post","type-post","status-publish","format-standard","hentry","category-protective-sweep"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19371","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=19371"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19371\/revisions"}],"predecessor-version":[{"id":19373,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19371\/revisions\/19373"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=19371"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=19371"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=19371"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}