{"id":37244,"date":"2019-04-14T10:30:59","date_gmt":"2019-04-14T15:30:59","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=37244"},"modified":"2019-04-14T10:30:59","modified_gmt":"2019-04-14T15:30:59","slug":"pa-officer-safety-was-not-presumed-to-be-exigency-where-def-did-nothing-to-warrant-fear-hed-use-a-weapon-by-merely-refusing-consent-and-walking-away","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=37244","title":{"rendered":"PA: Officer safety was not presumed to be exigency where def did nothing to warrant fear he&#8217;d use a weapon by merely refusing consent and walking away"},"content":{"rendered":"<p>Exigency of officer safety did not permit officers to search defendant\u2019s garage. They came without a search warrant to arrest a third person. Defendant denied anyone else was there, refused to consent to a search, and turned and walked away. As the officers got closer to the garage following him, they saw a compound bow and a rifle inside. \u201cAfter Appellant told the troopers to leave his property, Appellant walked away. It is not reasonable to infer from Appellant&#8217;s retreat that Appellant was intending to harm the troopers.\u201d <a href=\"http:\/\/www.pacourts.us\/assets\/opinions\/Superior\/out\/J-A02027-19o.pdf?cb=1\">Commonwealth v. Duke<\/a>, 2019 PA Super 115, 2019 Pa. Super. LEXIS 342 (Apr. 12, 2019).<\/p>\n<p>Enough was shown to the issuing magistrate to justify a search of the entire premises because nexus was shown. Reconsideration denied. United States v. Matthews, 2019 U.S. Dist. LEXIS 61098 (S.D. Ill. Apr. 10, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Exigency of officer safety did not permit officers to search defendant\u2019s garage. They came without a search warrant to arrest a third person. Defendant denied anyone else was there, refused to consent to a search, and turned and walked away. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=37244\">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":[3,38],"tags":[],"class_list":["post-37244","post","type-post","status-publish","format-standard","hentry","category-emergency-exigency","category-nexus"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/37244","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=37244"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/37244\/revisions"}],"predecessor-version":[{"id":37245,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/37244\/revisions\/37245"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=37244"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=37244"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=37244"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}