{"id":60076,"date":"2025-02-10T00:00:00","date_gmt":"2025-02-10T05:00:00","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=60076"},"modified":"2025-02-10T09:02:46","modified_gmt":"2025-02-10T14:02:46","slug":"d-minn-protective-sweep-of-defs-house-on-arriving-at-a-dv-call-involving-a-potential-shooting-was-justified-here-in-part-because-they-turned-the-lights-out","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=60076","title":{"rendered":"D.Minn.: Protective sweep of def&#8217;s house on arriving at a DV call involving a potential shooting was justified here in part because they turned the lights out"},"content":{"rendered":"\n<p>The protective sweep of defendant\u2019s place wasn\u2019t unreasonable. There was a history of domestic violence there, and there was a potential shooting on the premises. When officers knocked, the lights went out. While people don\u2019t have to answer the door, they could consider that with all the facts. United States v. Shaka, 2024 U.S. Dist. LEXIS 239224 (D. Minn. Dec. 9, 2024).*<\/p>\n\n\n\n<p>\u201cUpon our in camera review of the search warrant materials, including the search warrant application, the police officer&#8217;s supporting affidavit, and the testimony of both the officer and the confidential informant before the warrant-issuing court, we find that there was probable cause to issue the warrant.\u201d People v. Holmes, 2025 NY Slip Op 00730 (1st Dept. Feb. 6, 2025).*<\/p>\n\n\n\n<p>Officers had an order of protection to serve on plaintiff, and he refused to come out of the house, so they pulled him out and then charged him with obstruction. Qualified immunity denied. McKenna v. Erickson, 2025 U.S. App. LEXIS 2708 (4th Cir. Feb. 6, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The protective sweep of defendant\u2019s place wasn\u2019t unreasonable. There was a history of domestic violence there, and there was a potential shooting on the premises. When officers knocked, the lights went out. While people don\u2019t have to answer the door, &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=60076\">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":[50,20,22,40],"tags":[],"class_list":["post-60076","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-probable-cause","category-protective-sweep","category-qualified-immunity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60076","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=60076"}],"version-history":[{"count":4,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60076\/revisions"}],"predecessor-version":[{"id":60094,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60076\/revisions\/60094"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=60076"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=60076"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=60076"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}