{"id":557,"date":"2007-02-23T12:24:56","date_gmt":"2006-11-09T07:28:46","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2006-11-09T07:28:46","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=557","title":{"rendered":"Plain view of a gun does not require officers to see the whole gun, just the barrel or handle"},"content":{"rendered":"<p>During a protective sweep, officers saw the barrel of a shotgun sticking out from under a futon. While the officer did not see the entire gun, it was apparent there was a shotgun. When fully revealed, it was sawed off.  United States v. Weymouth, 2006 U.S. Dist. LEXIS 81282 (D. Me. November 6, 2006).<\/p>\n<p>9\/11 related investigation led to defendant being handcuffed. He was able to consent to a search because the situation was not otherwise coercive.  United States v. Awan, 2006 U.S. Dist. LEXIS 81289 (E.D. N.Y. November 6, 2006).*<\/p>\n<p>Basis of knowledge of informant was shown by his first hand knowledge. United States v. Williams, 2006 U.S. Dist. LEXIS 81010 (W.D. Pa. October 23, 2006).*<\/p>\n<p>Smashed computer equipment left in a state park was abandoned. United States v. Kiderlen, 2006 U.S. Dist. LEXIS 81405 (E.D. Mo. August 1, 2006) (also, PC was shown for search warrant for computers in home).*<\/p>\n<p>Finding a small quantity of marijuana in the passenger compartment permits the officer to search the trunk for more. State v. Irvin, 210 S.W.3d 360 (Mo. App. W.D. November 7, 2006).<\/p>\n<p>Knock and talk of non-English speaking defendant&#8217;s home was valid. Officer just took a Spanish course and read the request to the defendant who said &#8220;si&#8221; and backed away from the door.  That was consent.  State v. Penalosa, 2006 N.C. App. LEXIS 2223 (November 7, 2006).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=557\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-557","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/557","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=557"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/557\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=557"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=557"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=557"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}