{"id":24533,"date":"2016-11-28T00:02:39","date_gmt":"2016-11-28T05:02:39","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=24533"},"modified":"2016-11-28T14:17:43","modified_gmt":"2016-11-28T19:17:43","slug":"ca7-rs-of-drugs-in-a-backpack-was-justification-for-frisk-for-gun-taking-key-to-do-a-protective-sweep-of-apt-before-seeking-consent-was-valid-on-this-record","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=24533","title":{"rendered":"CA7: RS of drugs in a backpack was justification for frisk for gun; taking key to do a protective sweep of apt before seeking consent was valid on this record"},"content":{"rendered":"<p>Defendant\u2019s frisk for weapons was justified because there was reasonable suspicion he had drugs in a backpack that had been deposited in an apartment, which defendant lied about going to. Drugs and firearms \u201cgo hand in hand,\u201d (See, e.g., United States v. Gulley, 722 F.3d 901, 909 (7th Cir. 2013) (\u2018[I]t is widely known that guns and drugs go hand in hand.\u2019); see also United States v. Askew, 403 F.3d 496, 507 (7th Cir. 2005) (recognizing the \u2018inherent danger in stopping those suspected of drug trafficking, for which guns are known tools of the trade.\u2019).\u201d Officers took his keys in the lobby, and accessed the elevator and then unlocked the door to do a sweep of the apartment. Then they asked for consent. The sweep was reasonable considering defendant\u2019s lies about being there. <a href=\"http:\/\/media.ca7.uscourts.gov\/cgi-bin\/rssExec.pl?Submit=Display&#038;Path=Y2016\/D11-22\/C:16-1105:J:Bauer:aut:T:fnOp:N:1867719:S:0\">United States v. Thompson<\/a>, 2016 U.S. App. LEXIS 21014 (7th Cir. Nov. 22, 2016).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s frisk for weapons was justified because there was reasonable suspicion he had drugs in a backpack that had been deposited in an apartment, which defendant lied about going to. Drugs and firearms \u201cgo hand in hand,\u201d (See, e.g., United &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=24533\">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":[22,4],"tags":[],"class_list":["post-24533","post","type-post","status-publish","format-standard","hentry","category-protective-sweep","category-stop-and-frisk"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/24533","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=24533"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/24533\/revisions"}],"predecessor-version":[{"id":24566,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/24533\/revisions\/24566"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=24533"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=24533"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=24533"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}