{"id":6870,"date":"2012-05-15T20:54:40","date_gmt":"2012-03-23T13:13:19","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-03-23T13:13:19","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6870","title":{"rendered":"CA8: Man found in apartment during SW execution was unlike the bar patron in Ybarra<\/em>"},"content":{"rendered":"

Officers found defendant in an apartment being searched under a search warrant, and they had probable cause as to him on the premises. This was unlike the unwitting bar patron in Ybarra<\/a>. A patdown of defendant produced car keys, and keys were subject to the warrant. It was immediately apparent what they were by feel, unlike Dickerson<\/a>. United States v. Cowan<\/a>, 674 F.3d 947 (8th Cir. 2012):<\/p>\n

Cowan\u2019s presence in Booth\u2019s apartment, unlike the patron in the public tavern in Ybarra<\/a> and more like the passenger in the private car in Pringle or the hotel room occupant in Romero, could lead a reasonable officer \u201cto infer [Cowan was part of] a common enterprise\u201d among the people in the apartment. Pringle<\/a>, 540 U.S. at 373. Although an apartment \u201cis a larger and more multipurpose space,\u201d Romero, 452 F.3d at 618 n.2, than the hotel room in Romero, Detective Canas had additional reason to suspect Cowan was involved in the drug trafficking activity. After breaking down the exterior door to the building and before entering the apartment, the officers saw someone running inside, which reasonably suggested people present in the apartment were trying to conceal evidence of drug trafficking activity. When Cowan stated he was from Chicago\u2014the reputed source of the crack cocaine used in the suspected drug trafficking operation occurring in the apartment\u2014Cowan gave Detective Canas particularized suspicion that Cowan himself was involved in the drug trafficking. The present case is further distinguishable from Ybarra because Detective Canas frisked Cowan\u2019s outer clothing pursuant to Terry, and the search of Ybarra<\/a> was not a valid Terry frisk. See Ybarra<\/a>, 444 U.S. at 92-93. Detective Canas did not violate Cowan\u2019s Fourth Amendment right to be free from unreasonable searches and seizures by patting down Cowan\u2019s pockets and seizing the keys. <\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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