{"id":21889,"date":"2016-04-27T00:02:26","date_gmt":"2016-04-27T05:02:26","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=21889"},"modified":"2016-04-28T06:50:34","modified_gmt":"2016-04-28T11:50:34","slug":"nj-a-rifle-case-on-a-felons-porch-seen-in-a-protective-sweep-qualifies-for-plain-view-its-incriminating-nature-is-immediately-apparent","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=21889","title":{"rendered":"NJ: A rifle case on a felon&#8217;s porch seen in a protective sweep qualifies for plain view; its incriminating nature is immediately apparent"},"content":{"rendered":"<p>Defendant was arrested in his house, and a protective sweep of the porch was valid. In plain view was a rifle case, and defendant was a felon in possession. It was reasonable to seize the rifle. <a href=\"http:\/\/www.judiciary.state.nj.us\/opinions\/supreme\/A-13-14StatevDem.pdf\">State v. Cope<\/a>, 2016 N.J. LEXIS 329 (April 25, 2016).<\/p>\n<p>Defendant\u2019s statements were obtained in violation of Miranda, and the gun found was a direct result of that. Suppressed. United States v. St. Rose, 2016 U.S. Dist. LEXIS 53245 (D.V.I. April 21, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was arrested in his house, and a protective sweep of the porch was valid. In plain view was a rifle case, and defendant was a felon in possession. It was reasonable to seize the rifle. State v. Cope, 2016 &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=21889\">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":[51,22],"tags":[],"class_list":["post-21889","post","type-post","status-publish","format-standard","hentry","category-plain-view","category-protective-sweep"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21889","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=21889"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21889\/revisions"}],"predecessor-version":[{"id":21905,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21889\/revisions\/21905"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=21889"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=21889"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=21889"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}