{"id":53141,"date":"2022-09-13T05:17:17","date_gmt":"2022-09-13T10:17:17","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=53141"},"modified":"2022-09-13T05:17:17","modified_gmt":"2022-09-13T10:17:17","slug":"d-idaho-this-protective-sweep-was-based-on-speculation-and-was-unreasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=53141","title":{"rendered":"D.Idaho: This protective sweep was based on speculation and was unreasonable"},"content":{"rendered":"\n<p>Here, the protective sweep claim of the government was factually based on speculation, and was unreasonable. United States v. Iverson, 2022 U.S. Dist. LEXIS 156914 (D. Idaho Aug. 29, 2022).<\/p>\n\n\n\n<p>Defendant\u2019s stop for suspieion of criminal activity was reasonable. United States v. Pollard, 2022 U.S. Dist. LEXIS 156769 (W.D. Pa. Aug. 25, 2022).*<\/p>\n\n\n\n<p>Bivens would not be extended to search of a prison cell. Hower v. Damron, 2022 U.S. App. LEXIS 24676 (6th Cir. Aug. 31, 2022).*<\/p>\n\n\n\n<p>The officer here saw a gun in the car when defendant was outside it. It was reasonable for him to enter the car to unload it, and, when he did, he saw another gun, and it was lawfully seized. United States v. Lingelbach, 2022 U.S. Dist. LEXIS 157716 (D. Mont. Aug. 30, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Here, the protective sweep claim of the government was factually based on speculation, and was unreasonable. United States v. Iverson, 2022 U.S. Dist. LEXIS 156914 (D. Idaho Aug. 29, 2022). Defendant\u2019s stop for suspieion of criminal activity was reasonable. United &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=53141\">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":[45,113,22,35],"tags":[],"class_list":["post-53141","post","type-post","status-publish","format-standard","hentry","category-45","category-prison-and-jail-searches","category-protective-sweep","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53141","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=53141"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53141\/revisions"}],"predecessor-version":[{"id":53142,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53141\/revisions\/53142"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=53141"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=53141"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=53141"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}