{"id":5228,"date":"2011-03-10T11:18:04","date_gmt":"2011-02-25T07:17:16","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-02-25T07:17:16","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5228","title":{"rendered":"E.D.Tenn.: Protective sweep of outbuilding during execution of arrest warrant was reasonable"},"content":{"rendered":"<p>Officers present with an arrest warrant also did a <a href=\"http:\/\/scholar.google.com\/scholar_case?case=14617911839617855186&amp;q=buie&amp;hl=en&amp;as_sdt=20002\">protective sweep<\/a> of an outbuilding on defendant\u2019s property; it was justified by reasonable suspicion that another person could have been there. United States v. Carpenter, 2011 U.S. Dist. LEXIS 16862 (E.D. Tenn. January  11, 2011).*<\/p>\n<p>Officers came upon a group of men standing in a parking lot, but it was non-confrontational and nobody was asked for their ID. Officers then developed reason to believe that one of them could have been armed, and that justified a frisk of that man. United States v. Tuggle, 2010 U.S. Dist. LEXIS 141528 (W.D. Tenn. December 30, 2010).*<\/p>\n<p>Defendant\u2019s Franks challenge fails because the omitted information had nothing to do with the probable cause that already existed. When the police entered with a search warrant for a counterfeiting operation, a shotgun found was then in plain view because they were authorized to be there by the search warrant. United States v. Bryan, 2011 U.S. Dist. LEXIS 17250 (N.D. Va. February 22, 2011).*<\/p>\n<p>Defendant\u2019s allegation that he was employed merely to clean the house that was searched was a showing that he did not have standing to challenge a search of the premises. United States v. Twiggs, 2011 U.S. Dist. LEXIS 17003 (E.D. Pa. February 17, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=5228\">Continue reading <span class=\"meta-nav\">&rarr;<\/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-5228","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5228","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=5228"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5228\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5228"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5228"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5228"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}