{"id":1779,"date":"2008-04-08T09:43:15","date_gmt":"2008-02-12T06:59:01","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-02-12T06:59:01","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=1779","title":{"rendered":"Arrest outside a commercial building justified a protective sweep because of the number of people involved"},"content":{"rendered":"<p>Officers had sufficient justification for a protective sweep of a building after following a truck loaded with marijuana in pottery from the Mexican border to Illinois. When the officers moved in to the commercial property, there were 7-10 men outside, and that was sufficient justification to fear that there might have been others inside the office building. Also, when the truck was starting to leave the scene, the officers were justified in moving in.  This was not police created exigency. <a href=\"http:\/\/www.ca5.uscourts.gov\/opinions\/pub\/06\/06-40957-CR0.wpd.pdf\">United States v. Mata<\/a>, 517 F.3d 279 (5th Cir. 2008).<\/p>\n<p>The defendant contended that the officers lacked probable cause for issuance of a search warrant for fraud. Without getting to the merits of that issue, the court just decided that the good faith exception applies and that&#8217;s that. United States v. Levy, 2008 U.S. Dist. LEXIS 9547 (E.D. Va. February 8, 2008). (<em>Comment:<\/em> The vice of this judicial laziness is that the question of probable cause for the future goes undecided. <a href=\"http:\/\/caselaw.lp.findlaw.com\/scripts\/getcase.pl?court=us&amp;vol=468&amp;invol=897\"><em>Leon<\/em><\/a> has dicta that suggests this can be done, but it shouldn&#8217;t be.)<\/p>\n<p>Defense counsel was not ineffective for not moving to suppress a second search in his case for which defendant had no standing. Woodard v. United States, 2008 U.S. Dist. LEXIS 9585 (W.D. Mo. February 8, 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=1779\">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-1779","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1779","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1779"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1779\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1779"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1779"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1779"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}