{"id":5253,"date":"2011-03-10T11:10:46","date_gmt":"2011-03-07T00:10:59","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-03-06T11:20:27","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5253","title":{"rendered":"D.Alaska: Moving computer mouse during protective sweep to look at computer was unreasonable"},"content":{"rendered":"

A FedEx package with drugs was shipped from Oakland to Anchorage, and FedEx discovered that the package contained drugs, and the police were called in. A controlled delivery was conducted, and the package was delivered and then moved from one place to another. The police followed and secured the premises where the package moved. This was reasonable under McArthur<\/a>. However, during the protective sweep<\/a>, officers moved the mouse on the house computer to activate the screen and saw they were looking at the FedEx website and the tracking number of the package. That exceeded the protective sweep. United States v. Lawson, 2011 U.S. Dist. LEXIS 21596 (D. Alaska March 3, 2011):<\/p>\n

The government does not explain by evidence how the computer screen could reveal the web page for FedEx tracking without the \u201cmouse\u201d being moved particularly with a screen saver that placed the screen in rest mode while not in use. The computer screen in the recreation room would have been observed by the officer long after the package had been delivered. There was no longer a need for anyone to be tracking the delivery of the package. Moving the mouse was beyond the scope of a lawful protective sweep. The search of the screen exceeded a protective sweep.\n<\/p><\/blockquote>\n

The affidavit was detailed and provided probable cause for the search. Even if it did not, the good faith exception would apply because the affidavit is not so lacking in detail that a magistrate could not find probable cause. Seizure of silencers under the warrant, even if not a \u201cfirearm,\u201d is justified by plain view. United States v. Marshall, 2011 U.S. Dist. LEXIS 21415 (S.D. Fla. March 3, 2011).*<\/p>\n

The court denies defendant\u2019s motion to reconsider the motion to suppress on the ground that the late disclosed video of the stop had the officer seemingly admitting that he did not see the gun in plain view. It does not matter because there was sufficient justification here for a towing and inventory of the vehicle, and the gun would inevitably be discovered. United States v. Richardson, 2011 U.S. Dist. LEXIS 21176 (N.D. Tex. March 1, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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