{"id":8167,"date":"2013-07-23T07:01:20","date_gmt":"2012-12-31T00:14:56","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-12-30T09:15:46","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=8167","title":{"rendered":"NY2: Searching a purse during a protective sweep is excessive"},"content":{"rendered":"<p>Defendant\u2019s motion to suppress the gun found in his girlfriend\u2019s purse was granted because it was found during a protective sweep, and the state appealed. Defendant had standing to challenge the search of the apartment. \u201c[T]he order is affirmed insofar as appealed from,\u201d suggesting what? That the defendant didn\u2019t have standing in her purse even though he had standing in the apartment? Is this like Brendlin and the stop v. search of a car? If he had standing as to the whole apartment, is the entire excessive protective sweep invalid. What? <a href=\"http:\/\/www.courts.state.ny.us\/reporter\/3dseries\/2012\/2012_09086.htm\">People v Isaacs<\/a>, 2012 NY Slip Op 9086, 101 A.D.3d 1152, 956 N.Y.S.2d 510 (2d Dept. 2012).*<\/p>\n<p>Reasonable suspicion existed for defendant\u2019s stop based on a 911 call that there was a man in black on a street with a gun. Officers came to the street and saw one man in black, and they saw a bulge looking like a gun. That was reasonable suspicion. <a href=\"http:\/\/www.ca6.uscourts.gov\/opinions.pdf\/12a1312n-06.pdf\">United States v. Johnson<\/a>, 509 Fed. Appx. 487 (6th Cir. 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=8167\">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-8167","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8167","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=8167"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8167\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8167"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8167"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8167"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}