{"id":54597,"date":"2023-03-24T18:53:06","date_gmt":"2023-03-24T23:53:06","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=54597"},"modified":"2023-03-24T18:53:06","modified_gmt":"2023-03-24T23:53:06","slug":"oh7-officer-seeing-sawed-off-shotgun-in-car-door-justified-questions-under-quarles","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=54597","title":{"rendered":"OH7: Officer seeing sawed-off shotgun in car door justified questions under <em>Quarles<\/em>"},"content":{"rendered":"\n<p>Defendant was stopped and got out of his car, and in the door was a sawed off shotgun. Questions about the gun next to him were legitimate under Quarles. State v. Anderson, 2023-Ohio-945, 2023 Ohio App. LEXIS 922 (7th Dist. Mar. 23, 2023).<\/p>\n\n\n\n<p>The burden of proof on litigating warrant execution issues isn\u2019t clear. Here, the parties agreed that the state had the burden. State v. Leonard, 2023 Del. Super. LEXIS 136 (Mar. 22, 2023).*<\/p>\n\n\n\n<p>\u201cPlaintiff unsuccessfully advances two reasons why Defendant violated a clearly established right. The first is that \u2018[t]he need for a warrant based upon probable case has been known since the adoption of the 4th amendment.\u2019 \u2026 While it is certainly true that a warrant is a historical requirement under the Fourth Amendment, to find that this alone creates a clearly established right runs counter to the admonition \u2018not to define clearly established law at a high level of generality.\u2019 \u2026 Moreover, Defendant does not dispute that a warrant is typically required to conduct a search; instead, he argues that longstanding and specifically delineated exceptions to the warrant requirement apply to the search in this case.\u201d Sambrano v. Moreno, 2023 U.S. Dist. LEXIS 49693 (D. Ariz. Mar. 23, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was stopped and got out of his car, and in the door was a sawed off shotgun. Questions about the gun next to him were legitimate under Quarles. State v. Anderson, 2023-Ohio-945, 2023 Ohio App. LEXIS 922 (7th Dist. &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=54597\">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":[40,16],"tags":[],"class_list":["post-54597","post","type-post","status-publish","format-standard","hentry","category-qualified-immunity","category-warrant-execution"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54597","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=54597"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54597\/revisions"}],"predecessor-version":[{"id":54598,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54597\/revisions\/54598"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=54597"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=54597"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=54597"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}