The victim of a crime is a presumptively reliable \u201cinformant.\u201d Here, her car was pipe bombed, and she reported that defendant threatened to do it. With other factors, there was probable cause for a search of defendant\u2019s property, including a prior for arson and the victim seeing propane cylinders like the ones used in the bombing in defendant\u2019s possession. United States v. Garcia, 2011 U.S. Dist. LEXIS 113748 (E.D. Cal. October 3, 2011).*<\/p>\n
The evolving nature of the situation allowed this detention to last three hours. \u201cDefendant was first detained during a protective sweep for officer safety, he was then detained for questioning with respect to the stolen property in the apartment, and finally he was detained specifically to be questioned about his alleged ownership of a gun found during the search.\u201d United States v. Temple, 2010 U.S. Dist. LEXIS 143831 (D. Utah September 30, 2010).*<\/p>\n
In defendant\u2019s 2255, he argued the after decided case of Gant which did not apply anyway because of his consent. Rosario v. United States, 2011 U.S. Dist. LEXIS 113608 (W.D. Mo. October 3, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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