Defendant was in his car near the place of execution of a search warrant, and the police drove up to block his path. He then moved to dispose of drugs. While the officers had guns drawn, the defendant apparently did not even know it. The stop was reasonable. United States v. Jennings, 2006 U.S. Dist. LEXIS 70603 (N.D. Ind. September 15, 2006):<\/p>\n
The holdings of Baker, Bohannon,<\/em> and Burchett<\/em> demonstrate the reasonableness of the police conduct in this case. Those cases teach that officers executing a narcotics search warrant need not confine their attention to the area contained by the walls of the building they are authorized to search. They may detain–briefly, and with no more than reasonable force–those whose presence adjacent to the scene of a search poses a potential significant risk to the officers or to the persons detained. They may detain persons who might be occupants, and if the premises have a history of people coming and going frequently, those who might be customers or suppliers. People who draw near a place where a narcotics search warrant is in the beginning stages of execution are, at best, in danger and, at worst, may be threats themselves or confederates of those operating from the place to be searched.<\/p>\n
There may be factual situations in which it would be unreasonable for police to act as they did here. But under the facts of this case, it was reasonable to seize the occupants of the Cadillac. As noted earlier, courts have upheld the display of firearms during a warrantless seizure if it is consistent with the reason for the seizure. See, e.g., United States v. Vega,<\/em> 72 F.3d 507, 516 (7th Cir. 1995); United States v. Tilmon,<\/em> 19 F.3d 1221, 1224 (7th Cir. 1994). Given the circumstances of this detention, the display of the firearms did not convert the stop into an arrest.<\/p><\/blockquote>\n
Officer was invited into hotel room by co-tenant, and that validate his plain view that validly made it to an affidavit for a search warrant. United States v. Beasley, 2006 U.S. App. LEXIS 24560 (6th Cir. September 26, 2006)* (unpublished).<\/p>\n","protected":false},"excerpt":{"rendered":"
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