{"id":5469,"date":"2011-08-07T13:05:04","date_gmt":"2011-04-22T08:37:03","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-04-22T08:37:03","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5469","title":{"rendered":"CO: During a sweep of a vehicle after a furtive movement, the officer was not obliged to ignore a pipe he came upon by plain feel"},"content":{"rendered":"<p>The car was stopped for a taillight violation, and the defendant passenger made a furtive movement down. The officer did a protective sweep of the area and found a glove which he picked up. While it did not contain a weapon, it contained a pipe, and the office was not required to ignore it. Suppression order reversed. <a href=\"http:\/\/www.courts.state.co.us\/Courts\/Supreme_Court\/opinions\/2010\/10SA323.pdf\">People v. Brant<\/a>, 252 P.3d 459 (Colo. 2011).*<\/p>\n<p>Defendant\u2019s car was stopped with the hood up, and an officer, suspecting him of possession of drugs, approached him to ask if he had car trouble. In a non-threatening manner, the officer asked to conduct a patdown and a search of the car, which defendant agreed to. <a href=\"http:\/\/www.courts.state.co.us\/Courts\/Supreme_Court\/opinions\/2010\/10SA323.pdf\">People v. Walters<\/a>, 249 P.3d 805 (Colo. 2011).*<\/p>\n<p>Defendant on arrest was Mirandized and lawyered up. He was put in a police car and taken to the police station. While riding, he started talking without prompting, and then he was asked for consent to a search of his car which he granted. The search was valid. <a href=\"http:\/\/www.courts.mo.gov\/file.jsp?id=45958\">State v. Ashby<\/a>, 339 S.W.3d 600 (Mo. App. 2011).* <\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=5469\">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-5469","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5469","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=5469"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5469\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5469"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5469"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5469"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}