{"id":6910,"date":"2012-04-05T16:00:40","date_gmt":"2012-03-31T09:09:20","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-03-31T09:09:20","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6910","title":{"rendered":"Cal.2d: Entry on a shooting call was by consent, and that included later crime scene processing of what was found in plain view"},"content":{"rendered":"

Police responded to a shooting call, and defendant was outside being patted down and handcuffed saying, \u201cJust help him. Help him,\u201d referring to his adult son Brian Chapman in the house who was shot. The first responders entered and also did a protective sweep for other possible injured, and they saw evidence in plain view. Those officers left briefly, but second responders were called to process the scene. They could enter the premises under the original consent. \u201cCalifornia decisions uphold an officer’s reentry to seize evidence observed in plain view during a lawful entry but not seized initially because the officer was performing a duty that took priority over the seizure of evidence.\u201d The reentry was valid, and the trial court erred in suppressing the second entry. People v. Superior Court<\/a>, 2012 Cal. App. LEXIS 369 (2d Dist. March 29, 2012).<\/p>\n

Iraq solder was injured by an IED and evacuated stateside for recovery. When he was unconscious, his belongings were inventoried for shipment back with him, and child pornography was found. He was court martialed after recovery at Fort Drum. The inventory was valid under regulation for the injured and dead and MRE 313(c). United States v. Kelly, 2012 CCA LEXIS 103 (Army Ct. Crim. App. March 27, 2012) (unpublished).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-6910","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6910","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=6910"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6910\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6910"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6910"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6910"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}