{"id":46323,"date":"2020-12-02T09:59:42","date_gmt":"2020-12-02T14:59:42","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=46323"},"modified":"2020-12-02T09:59:42","modified_gmt":"2020-12-02T14:59:42","slug":"in-hard-ball-in-pocket-during-frisk-was-immediately-apparent-it-was-drugs","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=46323","title":{"rendered":"IN: Hard ball in pocket during frisk was immediately apparent it was drugs"},"content":{"rendered":"\n<p>A casino enforcement agent told defendant he had to be patted down before their sitting in an interview room. A round ball was felt in defendant\u2019s pocket, and it was immediately apparent to the officer from training and experience that it was drugs. Removal of the ball was reasonable. <a href=\"https:\/\/public.courts.in.gov\/Decisions\/api\/Document\/Opinion?Id=Aw02X1kkW_MwVwgwkGyDT9LuU3K5aDtbH97B31gSBQb8c_Y9yk5PLWxVjCkOpTjn0\">Johnson v. State<\/a>, 2020 Ind. LEXIS 929 (Dec. 1, 2020).<\/p>\n\n\n\n<p>\u201cAlthough our decision in Brewster v. Beck, 859 F.3d 1194, 1197 (9th Cir. 2017), may suggest that the government might violate the Fourth Amendment by interfering with one&#8217;s property even after conducting a lawful seizure, we decided Brewster three years after the allegedly unlawful conduct here. It thus fails to show the law was clearly established at the time the Los Angeles Police Department officers destroyed Wright&#8217;s firearms. Ashcroft v. al-Kidd, 563 U.S. 731, 741 (2011) (stating law must be clearly established \u2018at the time of the challenged conduct\u2019).\u201d <a href=\"https:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2020\/12\/01\/19-55084.pdf\">Wright v. Beck<\/a>, 2020 U.S. App. LEXIS 37465 (9th Cir. Dec. 1, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A casino enforcement agent told defendant he had to be patted down before their sitting in an interview room. A round ball was felt in defendant\u2019s pocket, and it was immediately apparent to the officer from training and experience that &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=46323\">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":[51,40],"tags":[],"class_list":["post-46323","post","type-post","status-publish","format-standard","hentry","category-plain-view","category-qualified-immunity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46323","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=46323"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46323\/revisions"}],"predecessor-version":[{"id":46324,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46323\/revisions\/46324"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=46323"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=46323"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=46323"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}