{"id":43361,"date":"2020-04-05T09:40:27","date_gmt":"2020-04-05T14:40:27","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=43361"},"modified":"2020-04-05T11:20:56","modified_gmt":"2020-04-05T16:20:56","slug":"ca11-911-call-about-def-threatening-people-with-a-gun-in-his-house-justified-protective-sweep","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=43361","title":{"rendered":"CA11: 911 call about def threatening people with a gun in his house justified protective sweep"},"content":{"rendered":"\n<p>A 911 call reported that defendant pointed a gun at two people and threatened them in his house. Responding, they talked to the victims outside. They entered to do a protective sweep for the weapon, and saw drugs. They got a search warrant from that and more were found. The protective sweep and search warrant were valid. The body cam video was important. <a href=\"http:\/\/media.ca11.uscourts.gov\/opinions\/unpub\/files\/201814826.pdf\">United States v. Griffin<\/a>, 2020 U.S. App. LEXIS 10382 (11th Cir. Apr. 2, 2020).<br \/><\/p>\n\n\n\n<p>\u201cUpon review, as stated above, probable cause for the search warrant was based on evidence of drug trafficking provided by a confidential source and found during a trash pull. We find that this evidence alone, even without consideration of the second trash pull or evidence that Appellant&#8217;s driver&#8217;s license listed 440 Dryden as his address, was sufficient to support a finding of probable cause.\u201d The warrant for drugs was not overbroad. Defendant also raised one aspect of probable cause for the first time in his reply brief, and that\u2019s waived. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/5\/2020\/2020-Ohio-1263.pdf\">State v. Franklin<\/a>, 2020-Ohio-1263, 2020 Ohio App. LEXIS 1199 (5th Dist. Mar. 30, 2020).*<br \/><\/p>\n","protected":false},"excerpt":{"rendered":"<p>A 911 call reported that defendant pointed a gun at two people and threatened them in his house. Responding, they talked to the victims outside. They entered to do a protective sweep for the weapon, and saw drugs. They got &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=43361\">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":[44,7,22],"tags":[],"class_list":["post-43361","post","type-post","status-publish","format-standard","hentry","category-informant-hearsay","category-overbreadth","category-protective-sweep"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43361","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=43361"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43361\/revisions"}],"predecessor-version":[{"id":43363,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43361\/revisions\/43363"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=43361"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=43361"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=43361"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}