{"id":3606,"date":"2010-02-02T06:48:13","date_gmt":"2009-12-07T07:10:44","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-12-07T07:10:44","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3606","title":{"rendered":"D.C.: Person on the porch of a house to be searched with a search warrant could be frisked"},"content":{"rendered":"<p>Defendant was visiting and sitting on the porch of a house when police arrived to execute a search warrant. The frisk of the accused was proper. <a href=\"http:\/\/www.dcappeals.gov\/dccourts\/appeals\/pdf\/08-CM-348_MTD.PDF\">Germany v. United States<\/a>, 984 A.2d 1217 (D.C. 2009):<\/p>\n<blockquote><p>The parties agree that the MPD officers&#8217; detention of appellant during the execution of the search warrant was lawful, and that the sole issue presented is whether the weapons pat-down was constitutionally permissible. As one appellate court observed a few years ago, &#8220;[w]hether law enforcement officers may detain and pat-down persons encountered during the execution of a narcotics search warrant in a private home is far from settled.&#8221; State v. Howard, No. 2003-CA-0058, 2004 Ohio App. LEXIS 2256, at P29 (Ohio Ct. App. June 2, 2004) (italics added). That remains true today; in particular, the Supreme Court has not directly addressed the question of whether, consistent with the Fourth Amendment, police may frisk the occupants of a private residence during the execution of a search warrant for narcotics and weapons. However, a number of decisions by the Supreme Court and this court provide useful guidance.<\/p><\/blockquote>\n<p>Law of the case bound the trial court to follow the prior state supreme court ruling on the suppression issue which was denied. The trial court offered to hear any new evidence defendant had, but he had none, so the prior ruling was correctly followed. <a href=\"http:\/\/www.mssc.state.ms.us\/Images\/Opinions\/CO57861.pdf\">Ross v. State<\/a>, 22 So. 3d 400 (Miss. App. 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=3606\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-3606","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3606","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3606"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3606\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3606"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3606"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3606"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}