{"id":52939,"date":"2022-08-04T07:25:00","date_gmt":"2022-08-04T12:25:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=52939"},"modified":"2022-08-04T07:25:00","modified_gmt":"2022-08-04T12:25:00","slug":"ca8-protective-sweep-of-vehicle-on-rs-reasonable-even-if-def-standing-outside","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=52939","title":{"rendered":"CA8: Protective sweep of vehicle on RS reasonable even if def standing outside"},"content":{"rendered":"\n<p>When there is reasonable suspicion a driver is armed, a protective sweep of his vehicle is permitted even though he\u2019s outside of it. <a href=\"https:\/\/ecf.ca8.uscourts.gov\/opndir\/22\/08\/212111P.pdf\">United States v. Dabney<\/a>, 2022 U.S. App. LEXIS 21400 (8th Cir. Aug. 3, 2022).<\/p>\n\n\n\n<p>Family member was arrested, then he committed suicide in the holding cell. \u201cAt no point has Jump presented us with a closely analogous case putting these officers on notice that their conduct violated the Fourth Amendment. He certainly has not shown any case law establishing what constitutes probable cause under the Wisconsin statutes for battery or even domestic abuse. We&#8217;ve seen no case in which officers confronted with these disturbing facts\u2014a defenestrated man below an open window of an apartment containing broken glass and drops of blood in the early morning hours\u2014were found to have violated the Fourth Amendment by arresting someone for battery.\u201d <a href=\"http:\/\/media.ca7.uscourts.gov\/cgi-bin\/rssExec.pl?Submit=Display&amp;Path=Y2022\/D08-02\/C:21-2255:J:Kirsch:aut:T:fnOp:N:2911989:S:0\">Jump v. Vill. of Shorewood<\/a>, 2022 U.S. App. LEXIS 21314 (7th Cir. Aug. 2, 2022).*<\/p>\n\n\n\n<p>The federal legalization of hemp does not immunize the smell of marijuana which could be hemp during a traffic stop. <a href=\"https:\/\/www.iowacourts.gov\/courtcases\/15794\/embed\/CourtAppealsOpinion\">State v. Luckett<\/a>, 2022 Iowa App. LEXIS 602 (Aug. 3, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>When there is reasonable suspicion a driver is armed, a protective sweep of his vehicle is permitted even though he\u2019s outside of it. United States v. Dabney, 2022 U.S. App. LEXIS 21400 (8th Cir. Aug. 3, 2022). Family member was &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=52939\">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":[20,22],"tags":[],"class_list":["post-52939","post","type-post","status-publish","format-standard","hentry","category-probable-cause","category-protective-sweep"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52939","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=52939"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52939\/revisions"}],"predecessor-version":[{"id":52940,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52939\/revisions\/52940"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=52939"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=52939"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=52939"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}