{"id":54420,"date":"2023-03-02T12:43:09","date_gmt":"2023-03-02T17:43:09","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=54420"},"modified":"2023-03-02T12:43:09","modified_gmt":"2023-03-02T17:43:09","slug":"ca9-two-questions-about-weapons-in-car-was-for-officer-safety-and-not-unreasonable","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=54420","title":{"rendered":"CA9: Two questions about weapons in car was for officer safety and not unreasonable"},"content":{"rendered":"\n<p>Twice asking defendant during a traffic stop about weapons was not minimally burdensome and not unreasonable when defendant had prior for weapons. <a href=\"https:\/\/cdn.ca9.uscourts.gov\/datastore\/opinions\/2023\/03\/01\/21-10377.pdf\">United States v. Taylor<\/a>, 2023 U.S. App. LEXIS 4954 (9th Cir. Mar. 1, 2023):<\/p>\n\n\n\n<!--more-->\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\"><p>It is of no moment, as Taylor protests, that Gariano asked about weapons a second time within the first 90 seconds of the stop, after Taylor had already responded in the negative. There is no strong form &#8220;asked and answered&#8221; prohibition in a Fourth Amendment analysis, the touchstone of which is reasonableness. Asking two questions about weapons early in the encounter\u2014once before Gariano learned that Taylor was on federal supervision for being a felon in possession and once after\u2014was a negligibly burdensome precaution that Gariano could reasonably take in the name of officer safety.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>Twice asking defendant during a traffic stop about weapons was not minimally burdensome and not unreasonable when defendant had prior for weapons. United States v. Taylor, 2023 U.S. App. LEXIS 4954 (9th Cir. Mar. 1, 2023):<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[63],"tags":[],"class_list":["post-54420","post","type-post","status-publish","format-standard","hentry","category-reasonableness"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54420","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=54420"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54420\/revisions"}],"predecessor-version":[{"id":54421,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54420\/revisions\/54421"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=54420"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=54420"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=54420"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}