{"id":40190,"date":"2019-10-11T06:52:08","date_gmt":"2019-10-11T11:52:08","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=40190"},"modified":"2019-10-11T06:52:08","modified_gmt":"2019-10-11T11:52:08","slug":"e-d-pa-protective-sweep-was-properly-limited-and-cell-phones-in-plain-view-could-be-seized-if-it-was-readily-apparent-they-were-evidence","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=40190","title":{"rendered":"E.D.Pa.: Protective sweep was properly limited and cell phones in plain view could be seized if it was readily apparent they were evidence"},"content":{"rendered":"<p>The officers\u2019 protective sweep was justified by the facts, and it was constrained to areas large enough to hide a person. In plain view were two cell phones that were properly seized and then later searched with a warrant. United States v. Blanding, 2019 U.S. Dist. LEXIS 176133 (E.D. Pa. Oct. 10, 2019).<\/p>\n<p>The gratuitous use of force on plaintiff that allegedly broke a facial bone was not entitled to qualified immunity. <a href=\"http:\/\/media.ca11.uscourts.gov\/opinions\/unpub\/files\/201812368.pdf\">Alexandre v. Ortiz<\/a>, 2019 U.S. App. LEXIS 30329 (11th Cir. Oct. 10, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The officers\u2019 protective sweep was justified by the facts, and it was constrained to areas large enough to hide a person. In plain view were two cell phones that were properly seized and then later searched with a warrant. United &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=40190\">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":[52,51,22],"tags":[],"class_list":["post-40190","post","type-post","status-publish","format-standard","hentry","category-excessive-force","category-plain-view","category-protective-sweep"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40190","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=40190"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40190\/revisions"}],"predecessor-version":[{"id":40191,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40190\/revisions\/40191"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=40190"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=40190"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=40190"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}