{"id":20185,"date":"2015-12-30T07:58:40","date_gmt":"2015-12-30T12:58:40","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=20185"},"modified":"2015-12-30T07:58:40","modified_gmt":"2015-12-30T12:58:40","slug":"d-neb-protective-sweep-was-for-evidence-not-persons-but-there-was-an-independent-basis-for-the-sw","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=20185","title":{"rendered":"D.Neb.: Protective sweep was for evidence not persons, but there was an independent basis for the SW"},"content":{"rendered":"<p>The protective sweep in this case was not a look for persons but evidence, and the body cam audio supports that conclusion. However, there was an independent basis for a search warrant, and the motion to suppress guns found in the attic is denied. United States v. Finley, 2015 U.S. Dist. LEXIS 170745 (D.Neb. Dec. 22, 2015).<\/p>\n<p>Defendant was stopped for a traffic offense, but reasonable suspicion of human trafficking developed almost immediately. While no individual factor was reasonable suspicion in itself, collectively they were. When defendant was outside the vehicle, there was no indication that he was \u201cin custody\u201d for Miranda purposes, and his statements were not suppressed. United States v. Hernandez-Hernandez, 2015 U.S. Dist. LEXIS 172171 (M.D.Fla. Oct. 29, 2015), adopted 2015 U.S. Dist. LEXIS 172169 (M.D.Fla. Dec. 28, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The protective sweep in this case was not a look for persons but evidence, and the body cam audio supports that conclusion. However, there was an independent basis for a search warrant, and the motion to suppress guns found in &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=20185\">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":[60,22,35],"tags":[],"class_list":["post-20185","post","type-post","status-publish","format-standard","hentry","category-independent-source","category-protective-sweep","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20185","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=20185"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20185\/revisions"}],"predecessor-version":[{"id":20186,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20185\/revisions\/20186"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=20185"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=20185"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=20185"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}