{"id":61487,"date":"2025-07-18T09:02:39","date_gmt":"2025-07-18T14:02:39","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=61487"},"modified":"2025-07-19T08:34:14","modified_gmt":"2025-07-19T13:34:14","slug":"ca7-lifting-mattress-during-protective-sweep-here-wasnt-justified","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=61487","title":{"rendered":"CA7: Lifting mattress during protective sweep here wasn&#8217;t justified"},"content":{"rendered":"\n<p>The protective sweep under a mattress here was unjustified. Protective sweeps have to be based on known facts, not theories. Here, without deciding whether it was justified, on this record, lifting a mattress was unreasonable. There was no reason to believe anyone could be hiding under it. <a href=\"https:\/\/media.ca7.uscourts.gov\/cgi-bin\/OpinionsWeb\/processWebInputExternal.pl?Submit=Display&amp;Path=Y2025\/D07-17\/C:24-1522:J:Pryor:aut:T:fnOp:N:3398366:S:0\">United States v. Walker<\/a>, 2025 U.S. App. LEXIS 17763 (7th Cir. July 17, 2025).<\/p>\n\n\n\n<p>The video doesn\u2019t discredit the officer sufficiently to undermine the trial court\u2019s findings of reasonable suspicion for a traffic stop. State v. Mangen, 2025 Minn. App. LEXIS 227 (July 14, 2025).*<\/p>\n\n\n\n<p>2255 petitioner litigated his suppression motion on the merits before trial and he doesn\u2019t get to do it again. Conley v. United States, 2025 U.S. Dist. LEXIS 133810 (D. Md. July 11, 2025).*<\/p>\n\n\n\n<p>Officers had an arrest warrant for defendant, and that authorized entry of the third party\u2019s premises, something he doesn\u2019t even acknowledge in his 2255 petition. Therefore, defense counsel wasn\u2019t ineffective. United States v. Lee, 2025 U.S. Dist. LEXIS 134683 (E.D. Va. July 15, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The protective sweep under a mattress here was unjustified. Protective sweeps have to be based on known facts, not theories. Here, without deciding whether it was justified, on this record, lifting a mattress was unreasonable. There was no reason to &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=61487\">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":[50,126,22,35],"tags":[],"class_list":["post-61487","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-issue-preclusion","category-protective-sweep","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61487","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=61487"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61487\/revisions"}],"predecessor-version":[{"id":61495,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61487\/revisions\/61495"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=61487"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=61487"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=61487"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}