{"id":63767,"date":"2026-04-03T17:37:36","date_gmt":"2026-04-03T22:37:36","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=63767"},"modified":"2026-04-04T12:56:14","modified_gmt":"2026-04-04T17:56:14","slug":"oh8-seeing-gun-magazine-justified-protective-sweep-of-car-for-gun-it-could-belong-to","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=63767","title":{"rendered":"OH8: Seeing gun magazine justified protective sweep of car for gun it could belong to"},"content":{"rendered":"\n<p>Defendant was pulled over and officers could see the magazine to a gun. They asked if he had a gun in the car and he said \u201cI don\u2019t admit to that.\u201d He said it was home. He was a known felon. It was reasonable to believe that the presence of the magazine indicated the presence of the gun, too. The protective sweep of the car was justified. <a href=\"https:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/8\/2026\/2026-Ohio-1189.pdf\">State v. Franklin<\/a>, 2026-Ohio-1189 (8th Dist. Apr. 8, 2026).<\/p>\n\n\n\n<p>Defense counsel wasn\u2019t ineffective for not pursuing a motion to suppress. Defendant only articulates one fact ignoring all the other evidence that it was all reasonable, and with a warrant. United States v. Jefferson, 2026 U.S. Dist. LEXIS 71985 (S.D. Ohio Apr. 1, 2026).*<\/p>\n\n\n\n<p>The force used to remove plaintiff from his car was justified. This started out as a traffic stop but escalated into obstruction of the officer. Barker v. City of Weatherford ex rel. Weatherford Police Dep&#8217;t, 2026 U.S. App. LEXIS 9562 (10th Cir. Apr. 2, 2026).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was pulled over and officers could see the magazine to a gun. They asked if he had a gun in the car and he said \u201cI don\u2019t admit to that.\u201d He said it was home. He was a known &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=63767\">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":[52,23,22],"tags":[],"class_list":["post-63767","post","type-post","status-publish","format-standard","hentry","category-excessive-force","category-ineffective-assistance","category-protective-sweep"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63767","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=63767"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63767\/revisions"}],"predecessor-version":[{"id":63782,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63767\/revisions\/63782"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=63767"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=63767"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=63767"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}