{"id":9491,"date":"2014-02-13T10:35:11","date_gmt":"2013-09-25T07:01:05","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-09-25T07:01:05","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=9491","title":{"rendered":"CA7: Frisk without RS defendant was armed should have been suppressed"},"content":{"rendered":"<p>Police got an anonymous 911 call that a group of 25 men were standing around brandishing firearms. When they got there, it was a much smaller group and there were no firearms visible. For some reason, defendant was singled out for a frisk, and he resisted. The frisk was without reasonable suspicion of wrongdoing. Defendant was ostensibly doing nothing wrong. The anonymous call about a gun has a lower bar to cross, but here there was nothing as to defendant. <a href=\"http:\/\/media.ca7.uscourts.gov\/cgi-bin\/rssExec.pl?Submit=Display&amp;Path=Y2013\/D09-24\/C:12-3864:J:_:aut:T:fnOp:N:1209613:S:0\">United State v. Williams<\/a>, 2013 U.S. App. LEXIS 19557 (7th Cir. September 24, 2013).*<\/p>\n<p>\u201cHere, the officers executing the search had been informed by a co-tenant that the apartment was being used as a drug mill, and the officers knew Almonte was aware that a search was imminent. Accordingly, the District Court&#8217;s conclusion that an exigency existed, based on the officers&#8217; belief that evidence was being destroyed, was not clearly erroneous.\u201d <a href=\"http:\/\/www2.ca3.uscourts.gov\/opinarch\/121501np.pdf\">United States v. Almonte<\/a>, 537 Fed. Appx. 64 (3d Cir. 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=9491\">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-9491","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9491","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=9491"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9491\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9491"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9491"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9491"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}