{"id":45397,"date":"2020-09-18T07:53:50","date_gmt":"2020-09-18T12:53:50","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=45397"},"modified":"2020-09-18T07:53:50","modified_gmt":"2020-09-18T12:53:50","slug":"ca11-officers-executing-a-sw-at-a-house-can-approach-an-occupied-car-parked-out-front","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=45397","title":{"rendered":"CA11: Officers executing a SW at a house can approach an occupied car parked out front"},"content":{"rendered":"\n

\u201cThe district court did not err by denying Turner’s motion to suppress. Delgado was entitled, \u2018without any level of suspicion,\u2019 to approach a car in a dangerous locale with an unknown number of occupants parked near a residence where he and fellow officers were about to execute a warrant. See Miller v. Harget, 458 F.3d 1251, 1257 (11th Cir. 2006) (stating that police do not violate the Fourth Amendment by \u2018approaching a person in a parked car\u2019). When Delgado saw a gun in plain view in the front passenger’s waistband, the detective had reasonable suspicion to remove the passenger from the car to determine whether he possessed a valid permit to carry a concealed weapon, \u2026\u201d United States v. Turner<\/a>, 2020 U.S. App. LEXIS 29611 (11th Cir. Sept. 17, 2020).<\/p>\n\n\n\n

The motion to suppress was filed four months after the motions deadline and a week before trial. The district court found no good cause, and defendant doesn\u2019t even challenge that on appeal. That alone provides justification for the district court\u2019s denial. On the merits of the motion to suppress, he\u2019d lose anyway. United States v. Abdi<\/a>, 2020 U.S. App. LEXIS 29601 (6th Cir. Sept. 16, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cThe district court did not err by denying Turner’s motion to suppress. Delgado was entitled, \u2018without any level of suspicion,\u2019 to approach a car in a dangerous locale with an unknown number of occupants parked near a residence where he … 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":[6,69,96,16],"tags":[],"class_list":["post-45397","post","type-post","status-publish","format-standard","hentry","category-motion-to-suppress","category-seizure","category-standards-of-review","category-warrant-execution"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45397","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=45397"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45397\/revisions"}],"predecessor-version":[{"id":45398,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45397\/revisions\/45398"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=45397"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=45397"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=45397"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}