{"id":43039,"date":"2020-03-20T17:24:29","date_gmt":"2020-03-20T22:24:29","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=43039"},"modified":"2020-03-21T07:12:30","modified_gmt":"2020-03-21T12:12:30","slug":"43039","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=43039","title":{"rendered":"AL: Officer was lawfully in position for plain view of def’s computer screen"},"content":{"rendered":"\n

The trial court erred in suppressing the search here because the officer who did it was a law enforcement officer under state law able to do so. On the merits, the officer was in position to make a plain view of his computer screen, and defendant admits that its incriminating nature was immediately apparent. State v. Hunt<\/a>, 2020 Ala. Crim. App. LEXIS 25 (Mar. 13, 2020).*
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The officer\u2019s stepping in front of the defendant and saying \u201cI just want to make sure you don’t got no guns\u201d was a potentially seizure, although the question was close. The individual would not feel free to leave. Except defendant didn\u2019t submit to authority under Hodari D. \u201cVeney’s conduct\u2014continuing to walk away from Officer Torres\u2014indicates that he did not acknowledge that he was subject to the officer’s authority. Accordingly, because Veney has failed to show that he submitted to Officer Torres’s statement, \u2018No. I just want to make sure you don’t got no guns,\u2019 the second prong of the Hodari D. test is not satisfied.\u201d The bulge in defendant\u2019s clothing was reasonable suspicion. United States v. Veney<\/a>, 2020 U.S. Dist. LEXIS 44596 (D.D.C. Mar. 13, 2020).\f<\/p>\n","protected":false},"excerpt":{"rendered":"

The trial court erred in suppressing the search here because the officer who did it was a law enforcement officer under state law able to do so. On the merits, the officer was in position to make a plain view … Continue reading →<\/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":[12,51,35,69],"tags":[],"class_list":["post-43039","post","type-post","status-publish","format-standard","hentry","category-computer-searches","category-plain-view","category-reasonable-suspicion","category-seizure"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43039","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=43039"}],"version-history":[{"count":3,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43039\/revisions"}],"predecessor-version":[{"id":43052,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43039\/revisions\/43052"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=43039"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=43039"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=43039"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}