It was not unreasonable for officers to look between a mattress and box springs of a bed during a protective sweep because fugitives often hide there. United States v. Jollivette, 2011 U.S. Dist. LEXIS 48642 (W.D. La. April 13, 2011):<\/p>\n
Jollivette argues, however, that the officers could not have reasonably believed that he would be found under the mattress because a cursory inspection of the bed did not indicate that a person could be hiding between the mattress and box spring. The deputies’ testimony, which the Court finds credible, refutes this claim. Each of the deputies testified that they have, on numerous occasions, found fugitives hiding under a bed or between the mattress and box springs of a bed. Accordingly, based on their experience in executing arrest warrants, it was reasonable for them to look for Jollivette between the mattress and box springs.<\/p>\n
Furthermore, Deputy Gary testified that he always looks for fugitives in these places, and, in this case, looked under the bed and mattress in the bedroom which he searched. Likewise, Lieutenant Thomas testified that he generally pulls up the mattress, and then the box spring, in order to look under the bed. He does this because it is safer than stooping down to look under the bed first.<\/p><\/blockquote>\n
Unnamed untested informants’ hearsay could not provide a legal basis for a protective sweep, which could be on reasonable suspicion. State v. Guggenmos<\/a>, 350 Ore. 243, 253 P.3d 1042 (2011):<\/p>\n
In sum, the record does not demonstrate that the reports of the unnamed informants to Mogle and Deese were credible or reliable. Bates requires that an officer\u2019s suspicion of an immediate threat of serious injury be based on \u201cspecific and articulable facts.\u201d 304 Ore. at 524. Those reports of the unnamed informants to Mogle and Deese do not satisfy that standard. Those reports are insufficient to support a reasonable suspicion that any of the occupants of the Third Street house posed an imminent threat of serious physical injury to the officers during Mogle’s visit.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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