{"id":5015,"date":"2011-06-26T09:43:06","date_gmt":"2010-12-23T09:43:45","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-12-23T09:43:45","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5015","title":{"rendered":"CA3: Plain view moots a Gant<\/em> claim"},"content":{"rendered":"

Officers had an arrest warrant for the defendant, and the search of vehicle was justified by seeing a firearm in plain view, not search incident. United States v. Patterson<\/a>, 405 Fed. Appx. 602 (3d Cir. 2010) (unpublished).*<\/p>\n

Defendant was stopped for a headlight being out, and the officer could direct the defendant out of the vehicle for safety purposes. Once out of the car, the officer could see a handgun protruding from under the floormat in plain view, and it could be seized. United States v. Dixon<\/a>, 405 Fed. Appx. 19, 2010 FED App. 0764N (6th Cir. 2010) (unpublished).<\/p>\n

Portland OR police who working a vice detail were watching a woman who made eye contact with the defendant and he stopped and she got into his car did not have reasonable suspicion to stop him. United States v. Miller, 2010 U.S. Dist. LEXIS 133002 (D. Ore. December 15, 2010)*:<\/p>\n

This is an unfortunate situation in which experienced vice officers had an ultimately correct hunch. However, the Constitutional right of the individual to be free from unreasonable search and seizure prevails. In sum, a single female, dressed in jeans and sweater, strolling in a high vice area at 3:30 p.m. who makes eye contact with a driver, looks at traffic, and enters a parked car, all in less than sixty seconds, does not raise a reasonable suspicion that she is engaged in prostitution activity. The evidence arising out of the illegal stop must be suppressed. United States v. Colin, 314 F.3d 439, 443-46 (9th Cir. 2003).<\/p><\/blockquote>\n

Officers with an arrest warrant for the defendant had at least a reasonable belief or probable cause to believe that the defendant was in the premises of a third person. Since the Sixth Circuit hasn\u2019t spoken on this issue, the court does not have to decide which applies because the Fourth Amendment was complied with under either. United States v. Gibbs, 2010 U.S. Dist. LEXIS 132942 (W.D. Tenn. December 14, 2010),* overruling in part United States v. Gibbs, 2010 U.S. Dist. LEXIS 132944 (W.D. Tenn. July 21, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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