{"id":36414,"date":"2019-02-13T08:37:43","date_gmt":"2019-02-13T13:37:43","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=36414"},"modified":"2019-02-13T08:37:43","modified_gmt":"2019-02-13T13:37:43","slug":"w-d-mo-reaching-in-defs-car-to-turn-it-off-wasnt-a-search-and-plain-view-of-a-gun-proper","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=36414","title":{"rendered":"W.D.Mo.: Reaching in def&#8217;s car to turn it off wasn&#8217;t a search, and plain view of a gun proper"},"content":{"rendered":"<p>Defendant\u2019s stop was reasonable because the LPN didn\u2019t match the vehicle. His reaching in the car to turn off the ignition was not a search. \u201cAs Officer Jenkins was backing out of the vehicle, she looked down and saw what appeared to be a firearm or a firearm holster partially sticking out from under the driver&#8217;s seat.\u201d That was a legitimate plain view. United States v. Taylor, 2019 U.S. Dist. LEXIS 21709 (W.D. Mo. Feb. 11, 2019).<\/p>\n<p>This is a request for a successor habeas on newly discovered evidence. Defendant\u2019s claim that no search warrant was filed in his district court criminal case number doesn\u2019t mean there wasn\u2019t one. One was filed in a magistrate\u2019s case number for him. Denied. In re Rafidi, 2019 U.S. App. LEXIS 4168 (6th Cir. Feb. 12, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s stop was reasonable because the LPN didn\u2019t match the vehicle. His reaching in the car to turn off the ignition was not a search. \u201cAs Officer Jenkins was backing out of the vehicle, she looked down and saw what &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=36414\">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":[51,73],"tags":[],"class_list":["post-36414","post","type-post","status-publish","format-standard","hentry","category-plain-view","category-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/36414","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=36414"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/36414\/revisions"}],"predecessor-version":[{"id":36415,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/36414\/revisions\/36415"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=36414"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=36414"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=36414"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}