{"id":51319,"date":"2022-01-28T11:02:14","date_gmt":"2022-01-28T16:02:14","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=51319"},"modified":"2022-01-28T11:02:14","modified_gmt":"2022-01-28T16:02:14","slug":"ca3-defs-not-showing-himself-for-5-6-minutes-when-police-entered-on-an-arrest-warrant-justified-protective-sweep","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=51319","title":{"rendered":"CA3:  Def&#8217;s not showing himself for 5-6 minutes when police entered on an arrest warrant justified protective sweep"},"content":{"rendered":"\n<p>Police executed an arrest warrant at defendant\u2019s house. It took him 5-6 minutes to show himself, coming from the basement. A protective sweep of the basement was reasonable, and firearms were found in plain view down there. A search warrant then was issued for the house and even more guns were found elsewhere. <a href=\"https:\/\/www2.ca3.uscourts.gov\/opinarch\/202253np.pdf\">United States v. Shaulis<\/a>, 2022 U.S. App. LEXIS 2503 (3d Cir. Jan. 26, 2022).<\/p>\n\n\n\n<p>\u201cIt is well-settled that \u2018the imposition of a penalty upon a landlord for renting his [or her] premises without first consenting to a warrantless search violates the property owner&#8217;s Fourth Amendment rights\u2019 (Sokolov v Village of Freeport, 52 NY2d 341, 343 \u2026) Here, however, the Town&#8217;s rental permit law does not \u2018expressly require \u2026 an inspection before the issuance or renewal of a permit\u2019 \u2026 since a property owner who is applying for a rental permit has the option of obtaining a certification from a state-licensed professional engineer in lieu of submitting to an inspection by a Town building inspector (see Town Code former \u00a7 153-6[B]). Accordingly, the provisions did not violate constitutional provisions against unreasonable searches and seizures \u2026.\u201d <a href=\"https:\/\/nycourts.gov\/reporter\/3dseries\/2022\/2022_00407.htm\">Infinite Green, Inc. v. Town of Babylon<\/a>, 2022 NY Slip Op 00407, 2022 N.Y. App. Div. LEXIS 432 (2d Dept. Jan.26, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Police executed an arrest warrant at defendant\u2019s house. It took him 5-6 minutes to show himself, coming from the basement. A protective sweep of the basement was reasonable, and firearms were found in plain view down there. A search warrant &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=51319\">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":[9,50,22],"tags":[],"class_list":["post-51319","post","type-post","status-publish","format-standard","hentry","category-administrative-search","category-arrest-or-entry-on-arrest","category-protective-sweep"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51319","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=51319"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51319\/revisions"}],"predecessor-version":[{"id":51320,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51319\/revisions\/51320"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=51319"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=51319"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=51319"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}