{"id":56165,"date":"2023-10-27T08:21:12","date_gmt":"2023-10-27T13:21:12","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=56165"},"modified":"2023-10-27T08:21:12","modified_gmt":"2023-10-27T13:21:12","slug":"n-d-ala-4a-does-not-require-gun-seen-in-protective-sweep-be-immediately-seized-sw-was-obtained","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=56165","title":{"rendered":"N.D.Ala.: 4A does not require gun seen in protective sweep be immediately seized; SW was obtained"},"content":{"rendered":"\n<p>If officers saw defendant\u2019s .22 during a protective sweep, the Fourth Amendment doesn\u2019t require that it be seized immediately. It can be seized during execution of the later issued search warrant. A .22 is not a weapon of choice for children, so it qualified as in plain view. Also, moving shelves to conduct the search under the warrant wasn\u2019t unreasonable [it\u2019s normal]. United States v. Williams, 2023 U.S. Dist. LEXIS 190727 (N.D. Ala. Oct. 24, 2023).<\/p>\n\n\n\n<p>Paraphernalia for methamphetamine in plain view in a car justifies search under the automobile exception. United States v. Travis, 2023 U.S. Dist. LEXIS 190831 (E.D. Mo. Oct. 6, 2023),* adopted, 2023 U.S. Dist. LEXIS 189732 (E.D. Mo. Oct. 23, 2023).*<\/p>\n\n\n\n<p>A suit over garnishment for child support in state court was barred by Rooker-Feldman. Davis v. Jacques, 2023 U.S. Dist. LEXIS 190797 (E.D. Cal. Oct. 23, 2023).*<\/p>\n\n\n\n<p>Pushing plaintiff down when he was resisting arrest was reasonable force entitled to qualified immunity. Cunningham v. Packard, 2023 U.S. App. LEXIS 28377 (6th Cir. Oct. 24, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>If officers saw defendant\u2019s .22 during a protective sweep, the Fourth Amendment doesn\u2019t require that it be seized immediately. It can be seized during execution of the later issued search warrant. A .22 is not a weapon of choice for &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=56165\">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":[52,126,51,22],"tags":[],"class_list":["post-56165","post","type-post","status-publish","format-standard","hentry","category-excessive-force","category-issue-preclusion","category-plain-view","category-protective-sweep"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56165","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=56165"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56165\/revisions"}],"predecessor-version":[{"id":56166,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56165\/revisions\/56166"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56165"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56165"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56165"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}