{"id":65192,"date":"2026-11-14T22:38:12","date_gmt":"2026-11-15T03:38:12","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=65192"},"modified":"2026-11-14T22:38:12","modified_gmt":"2026-11-15T03:38:12","slug":"ca9-with-a-sw-for-a-murder-weapon-a-frisk-of-the-occupants-is-reasonable","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=65192","title":{"rendered":"CA9: With a SW for a murder weapon, a frisk of the occupants is reasonable"},"content":{"rendered":"\n<p>There was reasonable suspicion for a frisk. \u201cHere, Officer Viola knew that (1) she was executing a warrant to search Washington and his apartment, in which Rollins was an overnight guest, for weapons in relation to an attempted murder investigation; (2) Rollins was on probation or supervised release; and (3) Rollins was seated on a couch between two people, one of whom was not restrained, covered by a blanket, and had been permitted to move around the living room. Under the totality of the circumstances, Officer Viola reasonably believed Rollins was armed and presently dangerous, justifying a frisk.\u201d United States v. Rollins, 2026 U.S. App. LEXIS 34792 (9th Cir. Nov. 13, 2026).*<\/p>\n\n\n\n<p>The warrant was for evidence of transmitting obscene pictures (apparently revenge porn), and CSAM was discovered, resulting in another warrant for that. The first warrant wasn\u2019t a general warrant because the files could have been in various places in multiple devices. \u201cThe omissions would not have negated probable cause if Trooper Murphy included them in the warrant application and affidavit. Investigators independently verified the information Doe provided when they interviewed her then-current paramour and her friends. \u2026 Having confirmed the veracity of that information, Trooper Murphy had no reason to detail Doe&#8217;s initial lie about the love triangle.\u201d United States v. Anderson, 2026 U.S. App. LEXIS 34683 (3d Cir. Nov. 10, 2026).*<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>There was reasonable suspicion for a frisk. \u201cHere, Officer Viola knew that (1) she was executing a warrant to search Washington and his apartment, in which Rollins was an overnight guest, for weapons in relation to an attempted murder investigation; &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=65192\">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":[21,35],"tags":[],"class_list":["post-65192","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/65192","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=65192"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/65192\/revisions"}],"predecessor-version":[{"id":65193,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/65192\/revisions\/65193"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=65192"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=65192"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=65192"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}