{"id":34537,"date":"2018-09-01T07:40:47","date_gmt":"2018-09-01T12:40:47","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=34537"},"modified":"2018-09-02T14:14:09","modified_gmt":"2018-09-02T19:14:09","slug":"w-d-n-c-davis-gfe-applied-to-gvr-after-byrd-as-happened-in-byrd","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=34537","title":{"rendered":"W.D.N.C.: <em>Davis<\/em> GFE applied to GVR after <em>Byrd<\/em>, as happened in <em>Byrd<\/em>"},"content":{"rendered":"<p>Defendant\u2019s case was GVR\u2019d after Byrd. On remand, the court finds that the government\u2019s good faith reliance on prior precedent makes this search valid, and the court notes that <a href=\"http:\/\/fourthamendment.com\/?p=34220\">the same thing happened to Byrd on remand<\/a>. United States v. Houston, 2018 U.S. Dist. LEXIS 145855 (W.D. N.C. Aug. 28, 2018).<\/p>\n<p>The first protective sweep of defendant\u2019s property was unjustified because, \u201cthere [wasn\u2019t] any indication that more than one person was inside the residence, let alone any indication that an individual posing a danger to officers was inside the residence on either occasion.\u201d The second, however, was valid because the officer merely looked in the closet adjoining where the arrest occurred, and that was a place from where an attack could be launched. United States v. Porter, 2018 U.S. Dist. LEXIS 146251 (M.D. Ala. Aug. 8, 2018),* adopted, 2018 U.S. Dist. LEXIS 145143 (M.D. Ala. Aug. 27, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s case was GVR\u2019d after Byrd. On remand, the court finds that the government\u2019s good faith reliance on prior precedent makes this search valid, and the court notes that the same thing happened to Byrd on remand. United States v. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=34537\">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":[11,22],"tags":[],"class_list":["post-34537","post","type-post","status-publish","format-standard","hentry","category-good-faith-exception","category-protective-sweep"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34537","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=34537"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34537\/revisions"}],"predecessor-version":[{"id":34580,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34537\/revisions\/34580"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=34537"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=34537"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=34537"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}