{"id":4797,"date":"2011-03-31T23:34:06","date_gmt":"2010-10-22T05:07:56","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-10-22T05:07:56","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4797","title":{"rendered":"MA: Where there was RS of weapons in the car, a locked glove box was subject to frisk"},"content":{"rendered":"

Given that there was reasonable suspicion that the occupants of the car might be armed and dangerous, the fact the glove compartment had just been locked did not mean that it could not be subjected to a Long-type frisk for a weapon. The keys were available to anyone in the car, and it could still be opened. Commonwealth v. Graham<\/a>, 78 Mass. App. Ct. 127, 935 N.E.2d 370 (2010).<\/p>\n

Given that defendant\u2019s vehicle was lawfully seized with probable cause after it and he matched a 911 call about a violent crime, the vehicle was lawfully searched under the automobile exception 2 \u00bd hours after the stop at the impound lot. Cars on the lot were not sufficiently protected from access by outsiders to remove exigency, and officers validly waited for a specially trained officer to arrive to search for hidden compartments. Commonwealth v. Bell<\/a>, 78 Mass. App. Ct. 135, 935 N.E.2d 380 (2010).<\/p>\n

In an ICE raid on a home occupied by persons who entered illegally, the fact they paid rent to the co-occupant did not dissipate the co-occupant\u2019s ability to consent to entry against them. Escobar v. Holder<\/a>, 398 Fed. Appx. 50 (5th Cir. 2010) (unpublished).*<\/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-4797","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4797","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=4797"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4797\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4797"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4797"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4797"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}