{"id":61954,"date":"2025-09-22T09:52:42","date_gmt":"2025-09-22T14:52:42","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=61954"},"modified":"2025-09-22T10:10:28","modified_gmt":"2025-09-22T15:10:28","slug":"s-d-ill-si-of-room-adjoining-arrest-wasnt-valid-as-si-or-protective-sweep","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=61954","title":{"rendered":"S.D.Ill.:  Search of room adjoining arrest wasn&#8217;t valid as SI or protective sweep"},"content":{"rendered":"\n<p>Defendant had standing as an occasional overnight guest in his ex-girlfriend\u2019s apartment when he was there when the police arrived to arrest him. The search of another room was neither valid as a search incident or protective sweep. Motion to suppress granted. United States v. Ackins, 2025 U.S. Dist. LEXIS 184920 (S.D. Ill. Sep. 19, 2025).<\/p>\n\n\n\n<p>Defendant\u2019s admission he had a gun on him was probable cause. People v. Turner, 2025 Mich. App. LEXIS 7637 (Sep. 19, 2025).*<\/p>\n\n\n\n<p>Defendant\u2019s struggle and assault on the officers obviated any claim that he couldn\u2019t be ordered out of the car. People v. Day, 2025 IL App (4th) 241371, 2025 Ill. App. LEXIS 1076 (Sep. 18, 2025).*<\/p>\n\n\n\n<p>On plain error review of defendant\u2019s arrest and custody, the record wasn\u2019t developed for that, just guilt or innocence. Without an adequate record, no plain error. United States v. Otero, 2025 U.S. App. LEXIS 24344 (6th Cir. Sep. 17, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant had standing as an occasional overnight guest in his ex-girlfriend\u2019s apartment when he was there when the police arrived to arrest him. The search of another room was neither valid as a search incident or protective sweep. Motion to &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=61954\">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":[68,20,22,26,96],"tags":[],"class_list":["post-61954","post","type-post","status-publish","format-standard","hentry","category-inevitable-discovery","category-probable-cause","category-protective-sweep","category-search-incident","category-standards-of-review"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61954","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=61954"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61954\/revisions"}],"predecessor-version":[{"id":61956,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61954\/revisions\/61956"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=61954"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=61954"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=61954"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}