{"id":57667,"date":"2024-04-19T18:46:24","date_gmt":"2024-04-19T23:46:24","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=57667"},"modified":"2024-04-19T18:46:24","modified_gmt":"2024-04-19T23:46:24","slug":"la4-merely-having-a-concealed-firearm-isnt-rs-for-a-frisk","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=57667","title":{"rendered":"LA4: Merely having a concealed firearm isn’t RS for a frisk"},"content":{"rendered":"\n

\u201cThe State asserts that the evidence should not be suppressed because the NOPD was entitled to conduct a La. C.Cr.P. art. 215.1, \u2018Terry stop\u2019 on Mr. Green, which would have revealed the firearm. See Terry v. Ohio, \u2026. However, the mere concealment of a firearm, in and of itself, is not an offense subject to an arrest. Thus, we find the State failed to meet their burden of demonstrating that the evidence would have been discovered inevitably or by an independent source. \u2026 Therefore, the trial court did not abuse its discretion by suppressing the evidence seized and finding no probable cause.\u201d State v. Green<\/a>, 2024 La. App. LEXIS 638 (La. App. 4 Cir. Apr. 16, 2024).<\/p>\n\n\n\n

\u201cThe Estate claims Rudolph, Holewinski, Symonds, and Turkiewicz failed to protect Wallmow from himself. Claims like these can fall under the Fourth or Fourteenth Amendment, depending on the person’s status. \u2018Before a finding of probable cause, the Fourth Amendment protects an arrestee; after such a finding, the Fourteenth Amendment protects a pretrial detainee.\u2019 \u2026 Because the standards are often interchangeable, we need not always decide which standard applies to dispose of a case. \u2026 [\u00b6] This case is one of those. We have not decided the applicable constitutional provision where, as here, the injured party came in on a probation hold and awaited adjudication at the time of the harm.\u201d Est. of Wallmow v. Oneida Cty., 2024 U.S. App. LEXIS 9294 (7th Cir. Apr. 17, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cThe State asserts that the evidence should not be suppressed because the NOPD was entitled to conduct a La. C.Cr.P. art. 215.1, \u2018Terry stop\u2019 on Mr. Green, which would have revealed the firearm. See Terry v. Ohio, \u2026. However, the … 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":[50,35,4],"tags":[],"class_list":["post-57667","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-reasonable-suspicion","category-stop-and-frisk"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57667","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=57667"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57667\/revisions"}],"predecessor-version":[{"id":57668,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57667\/revisions\/57668"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=57667"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=57667"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=57667"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}