{"id":41640,"date":"2020-01-07T07:59:02","date_gmt":"2020-01-07T12:59:02","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=41640"},"modified":"2020-01-07T07:59:02","modified_gmt":"2020-01-07T12:59:02","slug":"ca11-domestic-disturbance-call-with-a-report-of-shots-fired-permitted-a-warrantless-entry-and-then-a-protective-sweep-for-victims","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=41640","title":{"rendered":"CA11: Domestic disturbance call with a report of shots fired permitted a warrantless entry and then a protective sweep for victims"},"content":{"rendered":"<p>A domestic disturbance call with a report of shots fired permitted a warrantless entry and then a protective sweep for victims: \u201cBased on the 911 call reporting gunshots and a domestic disturbance, combined with Peacock&#8217;s initial observations upon arriving at the scene, the officers were, as in Holloway, permitted to conduct a limited search of the home for victims of gunfire.\u201d <a href=\"http:\/\/media.ca11.uscourts.gov\/opinions\/unpub\/files\/201812440.pdf\">United States v. Jones<\/a>, 2020 U.S. App. LEXIS 152 (11th Cir. Jan. 6, 2020).<\/p>\n<p>Defense counsel was not ineffective for not filing a motion to suppress challenging police entry onto defendant\u2019s curtilage with probable cause despite defendant having a fence, gate, barbed wire, and a \u201cno trespassing\u201d sign. Defendant\u2019s version would have hamstrung the trial, if there was one, and counsel had a valid strategic reason not to go there. Moreover, the recording of the walk through of his house belied any claim there was police coercion for him to talk. <a href=\"http:\/\/media.ca11.uscourts.gov\/opinions\/unpub\/files\/201713028.pdf\">Treffinger v. United States<\/a>, 2020 U.S. App. LEXIS 170 (11th Cir. Jan. 6, 2020).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A domestic disturbance call with a report of shots fired permitted a warrantless entry and then a protective sweep for victims: \u201cBased on the 911 call reporting gunshots and a domestic disturbance, combined with Peacock&#8217;s initial observations upon arriving at &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=41640\">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":[3,23,54,22],"tags":[],"class_list":["post-41640","post","type-post","status-publish","format-standard","hentry","category-emergency-exigency","category-ineffective-assistance","category-knock-and-talk","category-protective-sweep"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41640","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=41640"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41640\/revisions"}],"predecessor-version":[{"id":41641,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41640\/revisions\/41641"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=41640"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=41640"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=41640"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}