{"id":4428,"date":"2011-03-26T14:59:26","date_gmt":"2010-07-14T11:15:03","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-07-14T11:15:03","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4428","title":{"rendered":"VI: Frisk did not need to end with finding gun where that was probable cause"},"content":{"rendered":"

Defendant argued that if his frisk was justified, it should stop with finding the gun. However, on these facts, the finding of a gun ripened to probable cause so the continued search was valid. Blyden v. People<\/a>, 53 V.I. 637, 2010 V.I. Supreme LEXIS 25 (July 7, 2010):<\/p>\n

After reviewing the record in this case, we conclude that the Fourth Amendment was not violated by Dowdye’s seizure of the additional items because probable cause arose to arrest Blyden at the time Dowdye recovered the firearm during the lawful Terry stop. \u201cProbable cause exists where facts and circumstances within the arresting officer’s knowledge are sufficient in themselves to warrant a reasonable person to believe that an offense has been \u2026 committed by the person to be arrested.\u201d United States v. Cruz, 910 F.2d 1072, 1076 (3d Cir. 1990). As we have concluded above, it was reasonable for Dowdye to conclude that Blyden had just committed a crime involving gunfire in light of his presence in the vicinity of the crime very soon after the shooting as well as his overall physical appearance. With this knowledge, the recovery of a firearm from Blyden, a person suspected of having recently committed a shooting, ripened Dowdye’s reasonable suspicion to stop and frisk Blyden into probable cause to arrest him as a suspect in the shooting. [citing cases]<\/p><\/blockquote>\n

The issuing magistrate had a factual basis for issuing the search warrant for child pornography on defendant\u2019s computer and cameras in his room involving his grandchildren. Eubanks v. State<\/a>, 326 S.W.3d 231 (Tex. App. \u2014 Houston (1st Dist.) 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/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-4428","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4428","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=4428"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4428\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4428"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4428"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4428"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}