{"id":24490,"date":"2016-11-20T12:48:24","date_gmt":"2016-11-20T17:48:24","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=24490"},"modified":"2016-11-20T23:39:05","modified_gmt":"2016-11-21T04:39:05","slug":"wv-protective-weapons-search-of-defs-pants-while-emts-treating-him-was-reasonable","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=24490","title":{"rendered":"WV: Protective weapons search of def&#8217;s pants on ground while EMTs treating him was reasonable"},"content":{"rendered":"<p>Defendant had been patted down and nothing was found, but he was wounded and EMTs were there. His pants were removed, and he was being treated. Before the ambulance took him away, he asked for his pants and the officer searched them because they felt heavy, finding a gun and $4,000 in cash. The search of the pants was reasonable because the gun they believed he had hadn\u2019t yet been located. <a href=\"http:\/\/www.courtswv.gov\/supreme-court\/memo-decisions\/fall2016\/16-0072memo.pdf\">State v. Jordan<\/a>, 2016 W. Va. LEXIS 897 (Nov. 18, 2016) (memorandum). (The court doesn&#8217;t specify the exception to the warrantless search rule it&#8217;s relying on, but a protective weapons search for the missing weapon would be correct.)<\/p>\n<p>The fact officers had a search warrant didn\u2019t factor in defendant\u2019s statement where he already started talking before he found out about it. <a href=\"http:\/\/www.courtswv.gov\/supreme-court\/memo-decisions\/fall2016\/15-1195memo.pdf\">State v. Erin S. T.<\/a>, 2016 W. Va. LEXIS 911 (Nov. 18, 2016) (memorandum).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant had been patted down and nothing was found, but he was wounded and EMTs were there. His pants were removed, and he was being treated. Before the ambulance took him away, he asked for his pants and the officer &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=24490\">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],"tags":[],"class_list":["post-24490","post","type-post","status-publish","format-standard","hentry","category-protective-sweep","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/24490","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=24490"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/24490\/revisions"}],"predecessor-version":[{"id":24497,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/24490\/revisions\/24497"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=24490"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=24490"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=24490"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}