{"id":7473,"date":"2013-02-06T09:39:31","date_gmt":"2012-07-23T07:41:34","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-07-23T07:41:34","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7473","title":{"rendered":"D.D.C.: While gov’t has burden of proof, a tie on the credibility goes to the gov’t on objectively reasonable belief"},"content":{"rendered":"

Where both the defendant and the officer testified credibly that the defendant did or did not have his seat belt on left the court with the conclusion that ties go to the government when the question is the officer\u2019s objectively reasonable belief. United States v. Williams, 878 F. Supp. 2d 190 (D. D.C. 2012).<\/p>\n

Officers were in hot pursuit of a suspected burglar and followed him to an apartment building and an apartment from which burning marijuana could be smelled. They knocked several times and were finally admitted, and a gun was in plain view. A protective sweep was conducted. Even without exigency, there was written consent. [Consent here is suspect because of the banging on the door insisting on entry.] United States v. Stokes, 2012 U.S. Dist. LEXIS 100572 (E.D. Pa. July 12, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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