{"id":11909,"date":"2014-06-06T08:04:25","date_gmt":"2014-06-06T13:04:25","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=11909"},"modified":"2014-06-06T08:04:25","modified_gmt":"2014-06-06T13:04:25","slug":"ca10-not-unreasonable-to-handcuff-occupants-during-execution-of-sw-for-gun","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=11909","title":{"rendered":"CA10: Not unreasonable to handcuff occupants during execution of SW for gun"},"content":{"rendered":"<p>In execution of a search warrant for a gun, it wasn\u2019t unreasonable for the officers to handcuff people there for officer safety even through there was a suggestion that the gun had moved before the SW arrived. <a href=\"http:\/\/www.ca10.uscourts.gov\/opinions\/13\/13-2156.pdf\">Wigley v. City of Albuquerque<\/a>, 2014 U.S. App. LEXIS 10355 (10th Cir. June 4, 2014).*<\/p>\n<p>When defendant\u2019s car was stopped shortly after a robbery call to the police, defendant\u2019s vehicle matched the description and location. As the officer approached, the occupants also matched the description. The initial stop was with reasonable suspicion, and the masks worn in the robbery were in plain view in the backseat. <a href=\"http:\/\/www.tsc.state.tn.us\/sites\/default\/files\/mckissackmtopn3.pdf\">State v. McKissack<\/a>, 2014 Tenn. Crim. App. LEXIS 519 (June 4, 2014).*<\/p>\n<p>Defendant had a reasonable expectation of privacy in his cell phones held by the police, and he voluntarily consented to a search of only the contacts and call list. <a href=\"http:\/\/www.search.txcourts.gov\/SearchMedia.aspx?MediaVersionID=f5313453-1a3f-417f-ad43-34bbb9f77ed3&#038;MediaID=7e8c6030-0c1b-41f1-b275-cfb2d09dd216&#038;coa=%22%20+%20this.CurrentWebState.CurrentCourt%20+%20@%22&#038;DT=Opinion\">Flowers v. State<\/a>, 2014 Tex. App. LEXIS 5899 (Tex. App.-Texarkana June 3, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>In execution of a search warrant for a gun, it wasn\u2019t unreasonable for the officers to handcuff people there for officer safety even through there was a suggestion that the gun had moved before the SW arrived. Wigley v. City &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=11909\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5,3,52,35,16],"tags":[],"class_list":["post-11909","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-emergency-exigency","category-excessive-force","category-reasonable-suspicion","category-warrant-execution"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11909","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=11909"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11909\/revisions"}],"predecessor-version":[{"id":11910,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11909\/revisions\/11910"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=11909"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=11909"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=11909"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}