CA11: Officers executing a SW at a house can approach an occupied car parked out front

“The district court did not err by denying Turner’s motion to suppress. Delgado was entitled, ‘without any level of suspicion,’ to approach a car in a dangerous locale with an unknown number of occupants parked near a residence where he and fellow officers were about to execute a warrant. See Miller v. Harget, 458 F.3d 1251, 1257 (11th Cir. 2006) (stating that police do not violate the Fourth Amendment by ‘approaching a person in a parked car’). When Delgado saw a gun in plain view in the front passenger’s waistband, the detective had reasonable suspicion to remove the passenger from the car to determine whether he possessed a valid permit to carry a concealed weapon, …” United States v. Turner, 2020 U.S. App. LEXIS 29611 (11th Cir. Sept. 17, 2020).

The motion to suppress was filed four months after the motions deadline and a week before trial. The district court found no good cause, and defendant doesn’t even challenge that on appeal. That alone provides justification for the district court’s denial. On the merits of the motion to suppress, he’d lose anyway. United States v. Abdi, 2020 U.S. App. LEXIS 29601 (6th Cir. Sept. 16, 2020).*

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