{"id":4491,"date":"2011-05-01T18:28:49","date_gmt":"2010-07-31T12:07:38","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-07-31T12:07:38","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4491","title":{"rendered":"LA5: Seeing butt of gun by flashlight justified seizing it when defendant ran from car"},"content":{"rendered":"

The search of defendant\u2019s car for a weapon was justified by seeing the butt of the gun with a flashlight. Defendant\u2019s car was stopped in a high-crime area, and a woman was leaning in the window, and that led the officer to conclude a hand-to-hand drug deal was happening. Defendant fled the vehicle when the officer approached. His handcuffing when he was caught was for safety reasons. He was a felon. State v. Williams<\/a>, 47 So. 3d 455 (La.App. 5th Cir. 2010).*<\/p>\n

Defense counsel filed an Anders brief after defendant\u2019s plea, and he raised his search issue pro se, which was held waived by the guilty plea. State v. Turner<\/a>, 2010 La. App. LEXIS 1071 (La.App. 5th Cir. July 27, 2010).*<\/p>\n

In a civil rights\/false arrest case, the officer had probable cause, or at least qualified immunity, for plaintiff\u2019s arrest as a felon in possession without having to further investigate the status of the conviction which he was told about on a records check. Dickson v. City of Clovis<\/a>, 2010 NMCA 58, 148 N.M. 831, 242 P.3d 398 (2010), cert. denied, 148 N.M. 582, 241 P.3d 180 (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-4491","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4491","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=4491"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4491\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4491"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4491"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4491"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}