{"id":31874,"date":"2018-02-17T09:28:11","date_gmt":"2018-02-17T14:28:11","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=31874"},"modified":"2018-02-17T09:28:11","modified_gmt":"2018-02-17T14:28:11","slug":"d-kan-after-entry-to-arrest-parole-absconder-the-govt-could-rely-on-protective-sweep-plain-view-and-plain-smell-doctrines-to-expand-the-entry","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=31874","title":{"rendered":"D.Kan.: After entry to arrest parole absconder, the govt could rely on protective sweep, plain view, and plain smell doctrines to expand the entry"},"content":{"rendered":"<p>Officers had a parole absconder warrant to retake defendant. At his motel room door, they could smell marijuana inside. After the entry, the government could rely on protective sweep, plain view, and plain smell doctrines to expand the entry. Finally, the also had consent from defendant\u2019s wife. United States v. Wheeler, 2018 U.S. Dist. LEXIS 24030 (D. Kan. Feb. 14, 2018).*<\/p>\n<p>The government having obtained defendant\u2019s Facebook records by search warrant, the court grants the government\u2019s motion to authenticate them. United States v. Giron, 2018 U.S. Dist. LEXIS 24743 (D. Md. Feb. 15, 2018).*<\/p>\n<p>The government applied for a search warrant for a urine sample to show that defendant was a daily user of marijuana, but it waited eight days after seizure of a gun from defendant do seek it. Because the government knew that defendant was a daily user, the search warrant wasn\u2019t stale. United States v. Leick, 2018 U.S. Dist. LEXIS 23832 (N.D. Iowa Feb. 14, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Officers had a parole absconder warrant to retake defendant. At his motel room door, they could smell marijuana inside. After the entry, the government could rely on protective sweep, plain view, and plain smell doctrines to expand the entry. Finally, &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=31874\">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":[50,51,58],"tags":[],"class_list":["post-31874","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-plain-view","category-probationparole-search"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/31874","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=31874"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/31874\/revisions"}],"predecessor-version":[{"id":31875,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/31874\/revisions\/31875"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=31874"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=31874"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=31874"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}