{"id":50742,"date":"2021-12-12T08:59:29","date_gmt":"2021-12-12T13:59:29","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=50742"},"modified":"2021-12-12T10:42:22","modified_gmt":"2021-12-12T15:42:22","slug":"ca6-looking-under-bed-in-a-protective-sweep-still-was-plain-view","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=50742","title":{"rendered":"CA6: Looking under bed in a protective sweep still was plain view"},"content":{"rendered":"\n

The officer had to kneel down to look under defendant\u2019s bed in a protective sweep, and he saw a gun. The gun was still in plain view, and the officer was legitimately in place. United States v. Fields<\/a>, 2021 U.S. App. LEXIS 36153 (6th Cir. Dec. 7, 2021).<\/p>\n\n\n\n

The search warrant service requirement on the target in state Rule 41 is to provide notice of the search. Defendant had knowledge of the search because he was there, and he was confronted with the items seized. Defendant says he didn\u2019t get a copy. The officer testified he couldn\u2019t specifically remember because it was two years prior, but he always did serve the warrant. The trial court credited the officer that it was almost certainly served. The state supreme court had previously signaled that it would likely create a good faith exception for this type of failure where the defendant had notice. This case doesn\u2019t have to go that far (but they would have but for the fact finding). State v. Turchin<\/a>, 2021 Tenn. Crim. App. LEXIS 560 (Dec. 9, 2021).<\/p>\n\n\n\n

Defendant\u2019s alleged continual drug dealing from his apartment was probable cause for issuance of this search warrant. United States v. Cruz-Martinez, 2021 U.S. Dist. LEXIS 235578 (D.Minn. Nov. 1, 2021), adopted, 2021 U.S. Dist. LEXIS 235973 (D.Minn. Dec. 8, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"

The officer had to kneel down to look under defendant\u2019s bed in a protective sweep, and he saw a gun. The gun was still in plain view, and the officer was legitimately in place. United States v. Fields, 2021 U.S. … Continue reading →<\/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":[51,22,16,133],"tags":[],"class_list":["post-50742","post","type-post","status-publish","format-standard","hentry","category-plain-view","category-protective-sweep","category-warrant-execution","category-warrant-papers"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50742","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=50742"}],"version-history":[{"count":4,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50742\/revisions"}],"predecessor-version":[{"id":50748,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50742\/revisions\/50748"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=50742"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=50742"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=50742"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}