{"id":6965,"date":"2012-04-11T10:35:27","date_gmt":"2012-04-11T10:34:55","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-04-11T10:34:55","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6965","title":{"rendered":"S.D.Ind.: Peek out door during arrest in hallway justified protective sweep"},"content":{"rendered":"<p>The court rejects the government\u2019s contention that an arrest warrant for a suspect causes him to not have a standing in hotel room where he was located. At any rate, defendant was arrested in the hallway, but his companion opened the hotel room door to see what was going on outside, and that made a <a href=\"http:\/\/scholar.google.com\/scholar_case?case=14617911839617855186&amp;q=maryland+v.+buie&amp;hl=en&amp;as_sdt=2,35\">protective sweep<\/a> reasonable. United States v. Marrero,  2012 U.S. Dist. LEXIS 49494 (S.D. Ind. April 6, 2012).*<\/p>\n<p>The warrant for child pornography was based on an IP address, and probable cause was shown, so the good faith exception need not be reached. [The USMJ seems uncomfortable with the fact that he issued the search warrant, too, but his decision is subject to de novo review. United States v. Nolan,  2012 U.S. Dist. LEXIS 50046 (E.D. Mo. March 6, 2012).*<\/p>\n<p>A knock-and-talk does not violate the Fourth Amendment, and defendant consented to a search. United States v. Major, 2012 U.S. Dist. LEXIS 49665 (W.D. La. February 16, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=6965\">Continue reading <span class=\"meta-nav\">&rarr;<\/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-6965","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6965","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=6965"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6965\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6965"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6965"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6965"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}