N.D.Ala.: 4A does not require gun seen in protective sweep be immediately seized; SW was obtained

If officers saw defendant’s .22 during a protective sweep, the Fourth Amendment doesn’t require that it be seized immediately. It can be seized during execution of the later issued search warrant. A .22 is not a weapon of choice for children, so it qualified as in plain view. Also, moving shelves to conduct the search under the warrant wasn’t unreasonable [it’s normal]. United States v. Williams, 2023 U.S. Dist. LEXIS 190727 (N.D. Ala. Oct. 24, 2023).

Paraphernalia for methamphetamine in plain view in a car justifies search under the automobile exception. United States v. Travis, 2023 U.S. Dist. LEXIS 190831 (E.D. Mo. Oct. 6, 2023),* adopted, 2023 U.S. Dist. LEXIS 189732 (E.D. Mo. Oct. 23, 2023).*

A suit over garnishment for child support in state court was barred by Rooker-Feldman. Davis v. Jacques, 2023 U.S. Dist. LEXIS 190797 (E.D. Cal. Oct. 23, 2023).*

Pushing plaintiff down when he was resisting arrest was reasonable force entitled to qualified immunity. Cunningham v. Packard, 2023 U.S. App. LEXIS 28377 (6th Cir. Oct. 24, 2023).*

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