\u201cThe initial encounter, including the officers’ questions to the Defendant, was justified under the community caretaker exception to the Fourth Amendment. However, that initial encounter quickly gave way to a pat-down search that was justified for officer safety under … Terry v. Ohio, …. Defendant’s attempt to conceal from the officers the fact that he had a gun and his subsequent attempt to flee the pat-down justified his arrest. The drug evidence found in Defendant’s jacket was properly discovered in a search pursuant to that arrest.\u201d United States v. Elliott, 2017 U.S. Dist. LEXIS 151887 (D. N.M. Sept. 19, 2017).*<\/p>\n
The record supports that the search was consensual by the totality of the circumstances. United States v. Malone, 2017 U.S. Dist. LEXIS 151970 (W.D. Tenn. July 7, 2017),* adopted, 2017 U.S. Dist. LEXIS 151447 (W.D. Tenn. Sept. 19, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"
\u201cThe initial encounter, including the officers’ questions to the Defendant, was justified under the community caretaker exception to the Fourth Amendment. However, that initial encounter quickly gave way to a pat-down search that was justified for officer safety under … … Continue reading