{"id":25420,"date":"2017-01-23T00:06:52","date_gmt":"2017-01-23T05:06:52","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=25420"},"modified":"2017-01-22T10:34:59","modified_gmt":"2017-01-22T15:34:59","slug":"ny2-search-of-house-for-weapon-after-protective-sweep-was-unreasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=25420","title":{"rendered":"NY2: Search of house for weapon after protective sweep was unreasonable"},"content":{"rendered":"<p>Defendant was reported to have assaulted people outside his house with a small bat and a brandishing a firearm. Police arrived, and he ran inside. Police kicked the door in, secured him, cleared the house [a protective sweep] putting the other occupants together in a back room. Then they searched for the gun. The search for the gun was unreasonable and beyond the purpose of the entry. Also, defendant\u2019s motion papers said he sought to suppress \u201cthe physical evidence,\u201d but the hearing focused on the gun, not the bat. The gun should have been suppressed. [Likely the bat, too, if it hadn\u2019t been waived, but the gun was a more serious crime.] <a href=\"http:\/\/nycourts.gov\/reporter\/3dseries\/2017\/2017_00329.htm\">People v. Williams<\/a>, 2017 NY Slip Op 00329, 2017 N.Y. App. Div. LEXIS 331 (2d Dept. Jan. 18, 2017).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was reported to have assaulted people outside his house with a small bat and a brandishing a firearm. Police arrived, and he ran inside. Police kicked the door in, secured him, cleared the house [a protective sweep] putting the &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=25420\">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":[50,22],"tags":[],"class_list":["post-25420","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-protective-sweep"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25420","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=25420"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25420\/revisions"}],"predecessor-version":[{"id":25421,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25420\/revisions\/25421"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=25420"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=25420"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=25420"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}