{"id":54017,"date":"2023-01-10T07:19:45","date_gmt":"2023-01-10T12:19:45","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=54017"},"modified":"2023-01-10T09:27:09","modified_gmt":"2023-01-10T14:27:09","slug":"il-officers-executing-sw-lawfully-seized-gun-in-plain-view","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=54017","title":{"rendered":"IL: Officers executing SW lawfully seized gun in plain view"},"content":{"rendered":"\n<p>The trial court erred in suppressing evidence. The officers were lawfully on the premises with a warrant when a gun was seen in plain view. People v. Serrato, 2023 IL App (2d) 220100, 2023 Ill. App. LEXIS 3 (Jan. 6, 2023).*<\/p>\n\n\n\n<p>Plaintiff didn\u2019t state a civil claim for criminal assault in a jail, but he did for interference with legal mail, which wasn\u2019t contested at this point. Johnson v. Ramsey Cty. ADC, 2023 U.S. Dist. LEXIS 2290 (D. Minn. Jan. 6, 2023).*<\/p>\n\n\n\n<p>\u201cThe totality of circumstances supports the Terry stop. Despite Moss&#8217;s contention, Sharkey did not rely merely on Moss matching the \u2018generic\u2019 descriptions in the BOLO as a basis for stopping him. \u2026 Sharkey observed Moss&#8217;s behavior, the surrounding circumstances, and the BOLO to justify the stop. As Sharkey articulates, factors such as the time of day, number of people on the street, officers&#8217; response time, Moss&#8217;s behavior, and the BOLO all were considerations before stopping Moss. Under the totality of circumstances, Sharkey could have formed a reasonable suspicion that Moss was the armed man chasing the woman down Riopelle Street.\u201d United States v. Moss, 2023 U.S. Dist. LEXIS 2873 (E.D. Mich. Jan. 6, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The trial court erred in suppressing evidence. The officers were lawfully on the premises with a warrant when a gun was seen in plain view. People v. Serrato, 2023 IL App (2d) 220100, 2023 Ill. App. LEXIS 3 (Jan. 6, &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=54017\">Continue reading <span class=\"meta-nav\">&rarr;<\/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":[99,51,113,35],"tags":[],"class_list":["post-54017","post","type-post","status-publish","format-standard","hentry","category-mail-and-packages","category-plain-view","category-prison-and-jail-searches","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54017","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=54017"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54017\/revisions"}],"predecessor-version":[{"id":54019,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54017\/revisions\/54019"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=54017"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=54017"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=54017"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}