{"id":59095,"date":"2024-10-13T14:31:51","date_gmt":"2024-10-13T19:31:51","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=59095"},"modified":"2024-10-13T14:31:51","modified_gmt":"2024-10-13T19:31:51","slug":"ca5-the-4a-doesnt-limit-the-number-of-officers-that-show-up-for-an-administrative-search","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=59095","title":{"rendered":"CA5: The 4A doesn&#8217;t limit the number of officers that show up for an administrative search"},"content":{"rendered":"\n<p>This administrative search was valid. The number of officers showing up to do it isn\u2019t a constitutional question. \u201cNor does the number of officers conducting the search change the inquiry. Hershner asserts no jurisprudential authority for the proposition that a search may become invalid if it involves too many police officers. Nor are we aware of such authority.\u201d <a href=\"https:\/\/www.ca5.uscourts.gov\/opinions\/unpub\/23\/23-11214.0.pdf\">Hershner v. City of Dallas<\/a>, 2024 U.S. App. LEXIS 25703 (5th Cir. Oct. 11, 2024).<\/p>\n\n\n\n<p>\u201cUnder the totality of the circumstances, the officers had reasonable, articulable suspicion to conduct a protective sweep of Defendant&#8217;s residence and lawfully discovered and obtained Defendant&#8217;s firearm in plain view during this protective sweep. Additionally, an occupant of the bedroom searched advised that the gun found was not hers but the Defendants. The seized firearm was not the result of an unlawful, warrantless search, and the Defendant&#8217;s protections against unreasonable searches and seizures were not violated.\u201d State v. Walker, 2024 Del. Super. LEXIS 683 (Oct. 9, 2024).*<\/p>\n\n\n\n<p>Defendant\u2019s testimony at a bail hearing came in at trial. This Fifth Amendment claim did not violate the Simmons rule on the Fourth Amendment. The issue also isn\u2019t adequately preserved. Turner v. State, 2024 Tex. App. LEXIS 7303 (Tex. App. \u2013 Tyler Oct. 9, 2024)* (unpublished) [Admitting ownership of property for a search claim is different than a bail claim. See F.R.E. 104(d) (\u201cCross-Examining a Defendant in a Criminal Case. By testifying on a preliminary question, a defendant in a criminal case does not become subject to cross-examination on other issues in the case.\u201d).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>This administrative search was valid. The number of officers showing up to do it isn\u2019t a constitutional question. \u201cNor does the number of officers conducting the search change the inquiry. Hershner asserts no jurisprudential authority for the proposition that a &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=59095\">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":[9,114,22,63],"tags":[],"class_list":["post-59095","post","type-post","status-publish","format-standard","hentry","category-administrative-search","category-privileges","category-protective-sweep","category-reasonableness"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59095","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=59095"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59095\/revisions"}],"predecessor-version":[{"id":59096,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59095\/revisions\/59096"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59095"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59095"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59095"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}