{"id":31987,"date":"2018-02-25T09:25:58","date_gmt":"2018-02-25T14:25:58","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=31987"},"modified":"2018-04-01T18:26:32","modified_gmt":"2018-04-01T23:26:32","slug":"m-d-ala-ordering-man-to-crawl-out-of-hotel-room-before-entry-was-reasonable-where-officer-had-arrest-warrants","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=31987","title":{"rendered":"M.D.Ala.: Ordering man to crawl out of hotel room before entry was reasonable where officer had arrest warrants for occupant"},"content":{"rendered":"<p>Defendant was ordered out of a hotel room for officer safety by crawling out. Viewed as a Terry stop, it lacked reasonable suspicion [so why decide it?] but the officers were there with arrest warrants, and that was reasonable under all the circumstances. United States v. Mastin, 2018 U.S. Dist. LEXIS 28586 (M.D. Ala. Feb. 22, 2018).*<\/p>\n<p>Border Patrol checkpoint on Tohono O&#8217;odham Indian Reservation led to a valid search. The checkpoint was validly set up and defendant doesn\u2019t mount a serious challenge to it. A dog sniff was valid. United States v. McCowan, 2018 U.S. Dist. LEXIS 28576 (D. Ariz. Feb. 2, 2018) (R&#038;R).*<\/p>\n<p>An Oregon Release Assistance Officer submitted an arrest warrant, allegedly in violation of the Fourth Amendment, that was for a judge to sign off on. He gets no absolute prosecutorial immunity for submitting that recommendation to a judge. <a href=\"http:\/\/cdn.ca9.uscourts.gov\/datastore\/opinions\/2018\/02\/23\/15-35838.pdf\">Patterson v. Van Arsdel<\/a>, 2018 U.S. App. LEXIS 4371 (9th Cir. Feb. 23, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was ordered out of a hotel room for officer safety by crawling out. Viewed as a Terry stop, it lacked reasonable suspicion [so why decide it?] but the officers were there with arrest warrants, and that was reasonable under &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=31987\">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":[45,50,94],"tags":[],"class_list":["post-31987","post","type-post","status-publish","format-standard","hentry","category-45","category-arrest-or-entry-on-arrest","category-immigration-checkpoints"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/31987","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=31987"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/31987\/revisions"}],"predecessor-version":[{"id":32503,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/31987\/revisions\/32503"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=31987"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=31987"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=31987"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}