{"id":40846,"date":"2019-11-28T18:20:33","date_gmt":"2019-11-28T23:20:33","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=40846"},"modified":"2019-11-29T10:44:10","modified_gmt":"2019-11-29T15:44:10","slug":"d-d-c-when-serving-sw-in-sex-assault-investigation-where-def-was-known-to-be-a-felon-a-glock-speed-loader-in-plain-view-permitted-search-for-a-gun","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=40846","title":{"rendered":"D.D.C.: When serving SW in sex assault investigation where def was known to be a felon, a Glock speed loader in plain view permitted search for a gun"},"content":{"rendered":"<p>D.C. Metro police had a search warrant for evidence of a sexual assault. When they entered, they saw a Glock magazine speed loader. That caused them to search for a firearm because they knew defendant was a felon learning, that in the course of the investigation. They found a gun case with \u201cGlock\u201d on the cover. That strongly suggested the contents and authorized them to look inside. The defendant was later charged with FIPF. The seizure of the gun was valid. <a href=\"https:\/\/ecf.dcd.uscourts.gov\/cgi-bin\/show_public_doc?2019cr0037-30\">United States v. Fuentez<\/a>, 2019 U.S. Dist. LEXIS 203979 (D.D.C. Nov. 25, 2019).*<\/p>\n<p>The trial court credited the state\u2019s version of the facts that the consent was voluntary. That\u2019s not clearly erroneous. State v. Hall, 2019 N.C. App. LEXIS 959 (Nov. 19, 2019).* <\/p>\n<p>Defense counsel\u2019s assertion that the defendant concurred in not moving to suppress his search because it would negatively affect plea negotiations is uncontradicted. It was a strategic call. Johnson v. United States, 2019 U.S. Dist. LEXIS 204208 (E.D. Tex. Oct. 19, 2019),* adopted, COA denied, 2019 U.S. Dist. LEXIS 202929 (E.D. Tex. Nov. 21, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>D.C. Metro police had a search warrant for evidence of a sexual assault. When they entered, they saw a Glock magazine speed loader. That caused them to search for a firearm because they knew defendant was a felon learning, that &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=40846\">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":[23,51,96],"tags":[],"class_list":["post-40846","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance","category-plain-view","category-standards-of-review"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40846","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=40846"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40846\/revisions"}],"predecessor-version":[{"id":40870,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40846\/revisions\/40870"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=40846"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=40846"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=40846"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}