{"id":47564,"date":"2021-03-05T10:28:29","date_gmt":"2021-03-05T15:28:29","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=47564"},"modified":"2021-03-05T10:28:29","modified_gmt":"2021-03-05T15:28:29","slug":"ca11-arrest-at-the-threshold-that-continued-inside-where-def-tried-to-enter-was-reasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=47564","title":{"rendered":"CA11: Arrest at the threshold that continued inside where def tried to enter was reasonable"},"content":{"rendered":"\n<p>Officers on patrol saw defendant in an apartment building\u2019s parking lot. They saw the bulge they reasonably believed was a gun, and they knew he was a convicted felon. They sought an encounter with him, but defendant refused to stop walking and attempted to enter the apartment he was visiting. They reached him at the door. \u201cOnce the officer attempted a Terry-stop, and a struggle ensued, officers had probable cause to arrest Rivera and Rivera&#8217;s search was justified under the search-incident-to-arrest doctrine. Additionally, we note that while Rivera had permission to be at his girlfriend&#8217;s apartment and thus makes arguments about the officer crossing the threshold, even assuming the officer did so, Rivera was apparently merely invited to the apartment, which does not allow him to claim Fourth Amendment protection.\u201d <a href=\"https:\/\/media.ca11.uscourts.gov\/opinions\/unpub\/files\/202011004.pdf\">United States v. Rivera<\/a>, 2021 U.S. App. LEXIS 6183 (11th Cir. Mar. 3, 2021).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Officers on patrol saw defendant in an apartment building\u2019s parking lot. They saw the bulge they reasonably believed was a gun, and they knew he was a convicted felon. They sought an encounter with him, but defendant refused to stop &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=47564\">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":[50],"tags":[],"class_list":["post-47564","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47564","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=47564"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47564\/revisions"}],"predecessor-version":[{"id":47565,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47564\/revisions\/47565"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=47564"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=47564"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=47564"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}