{"id":21619,"date":"2016-04-11T07:54:46","date_gmt":"2016-04-11T12:54:46","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=21619"},"modified":"2016-04-11T07:54:46","modified_gmt":"2016-04-11T12:54:46","slug":"ca3-handle-of-a-gun-satisfies-immediately-apparent-requirement-of-plain-view","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=21619","title":{"rendered":"CA3: Handle of a gun satisfies \u201cimmediately apparent\u201d requirement of plain view"},"content":{"rendered":"<p>Defendant was stopped because the officer already knew that defendant was driving without a license. The search of the car was justified by the handle of a gun being in plain view sticking out from under the seat, and it was \u201cimmediately apparent\u201d what it was. <a href=\"http:\/\/www2.ca3.uscourts.gov\/opinarch\/152098np.pdf\">United States v. Hawkins<\/a>, 2016 U.S. App. LEXIS 6360 (3d Cir. April 7, 2016).<\/p>\n<p>\u201cBased upon the totality of the circumstances, there was reasonable suspicion for him to stop the vehicle. The unrecognized older vehicle with new plates, driving at a time of day when there is very little traffic, recently observed traveling in the opposite direction by another agent, erratic driving, and in an area high in traffic for narcotics and human smuggling coupled with Agent Ortiz&#8217;s years of experience support a finding of reasonable suspicion.\u201d United States v. Ventura, 2016 U.S. Dist. LEXIS 47687 (D. Ariz. April 8, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was stopped because the officer already knew that defendant was driving without a license. The search of the car was justified by the handle of a gun being in plain view sticking out from under the seat, and it &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=21619\">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":[10,51,35],"tags":[],"class_list":["post-21619","post","type-post","status-publish","format-standard","hentry","category-border-search","category-plain-view","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21619","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=21619"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21619\/revisions"}],"predecessor-version":[{"id":21620,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21619\/revisions\/21620"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=21619"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=21619"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=21619"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}