{"id":58783,"date":"2024-08-30T11:05:34","date_gmt":"2024-08-30T16:05:34","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58783"},"modified":"2024-08-30T11:05:34","modified_gmt":"2024-08-30T16:05:34","slug":"la2-si-before-arrest-was-still-valid","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=58783","title":{"rendered":"LA2: SI before arrest was still valid"},"content":{"rendered":"\n<p>Defendant was stopped for aggravated assault from allegedly waving a gun. The search incident of his bag for a gun was reasonable as a search incident even though it preceded the arrest. <a href=\"https:\/\/www.la2nd.org\/wp-content\/uploads\/2024\/08\/55742kw.pdf\">State v. Gipson<\/a>, 2024 La. App. LEXIS 1382 (La. App. 2 Cir. Aug. 28, 2024).<\/p>\n\n\n\n<p>Defendants were stopped because of a BOLO that they could have been were involved in a robbery, and there were furtive movements. A protective sweep of the vehicle was justified. <a href=\"https:\/\/www2.ca3.uscourts.gov\/opinarch\/232076np.pdf\">United States v. Davis<\/a>, 2024 U.S. App. LEXIS 21795 (3d Cir. Aug. 28, 2024).*<\/p>\n\n\n\n<p>A medical privacy case, not a Fourth Amendment case, but with implications for access to search warrant records: Hawai\u2019i\u2019s rule that medical records filed in a case are sealed is unconstitutional under the First Amendment right of access to court records. There has to be a case-by-case analysis of what is sealed and what is not. <a href=\"https:\/\/cdn.ca9.uscourts.gov\/datastore\/opinions\/2024\/08\/28\/23-15108.pdf\">Civil Beat Law Ctr. for the Pub. Int., Inc. v. Maile<\/a>, 2024 U.S. App. LEXIS 21811 (9th Cir. Aug. 28, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was stopped for aggravated assault from allegedly waving a gun. The search incident of his bag for a gun was reasonable as a search incident even though it preceded the arrest. State v. Gipson, 2024 La. App. LEXIS 1382 &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=58783\">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":[50,22,26,133],"tags":[],"class_list":["post-58783","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-protective-sweep","category-search-incident","category-warrant-papers"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58783","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=58783"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58783\/revisions"}],"predecessor-version":[{"id":58784,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58783\/revisions\/58784"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58783"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58783"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58783"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}