{"id":40295,"date":"2019-10-20T02:25:16","date_gmt":"2019-10-20T07:25:16","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=40295"},"modified":"2019-10-20T02:25:16","modified_gmt":"2019-10-20T07:25:16","slug":"ca11-public-safety-exception-permitted-entry-of-hotel-room-on-pc-to-neutralize-a-firearm","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=40295","title":{"rendered":"CA11: Public safety exception permitted entry of hotel room on PC to neutralize a firearm"},"content":{"rendered":"<p>Defense counsel\u2019s failure to object to the search of his hotel room wasn\u2019t prejudicial because inevitable discovery applied. He was accused of brandishing a gun shortly before, and the gun hadn\u2019t been found. Officers had probable cause to get a search warrant, but they also had the public safety exception to find and neutralize the gun. <a href=\"http:\/\/media.ca11.uscourts.gov\/opinions\/unpub\/files\/201415179.pdf\">Thompson v. United States<\/a>, 2019 U.S. App. LEXIS 30918 (11th Cir. Oct. 17, 2019).<\/p>\n<p>Despite some \u201cconfusing terminology,\u201d the court finds the officer\u2019s testimony credible on the dog sniff and it\u2019s prelude. A second dog sniff of a vehicle shortly after the first is not a \u201csearch\u201d either. United States v. Dunnigan, 2019 U.S. Dist. LEXIS 180018 (W.D. N.Y. Oct. 17, 2019).<\/p>\n<p>On review of the USMJ\u2019 R&#038;R, the court concludes that there is something lacking. But, it\u2019s not apparent the government will attempt to use what was derived from that stop in its case in chief. Once it decides, the hearing will reopen. United States v. Bourassa, 2019 U.S. Dist. LEXIS 180208 (N.D. Ga. Oct. 18, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defense counsel\u2019s failure to object to the search of his hotel room wasn\u2019t prejudicial because inevitable discovery applied. He was accused of brandishing a gun shortly before, and the gun hadn\u2019t been found. Officers had probable cause to get a &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=40295\">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":[27,3],"tags":[],"class_list":["post-40295","post","type-post","status-publish","format-standard","hentry","category-dog-sniff","category-emergency-exigency"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40295","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=40295"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40295\/revisions"}],"predecessor-version":[{"id":40296,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40295\/revisions\/40296"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=40295"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=40295"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=40295"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}