{"id":6893,"date":"2012-08-25T12:54:14","date_gmt":"2012-03-28T13:18:37","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-03-28T13:18:37","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=6893","title":{"rendered":"S.D.Fla.: Knock-and-talk of convicted felon’s house after his frisk revealed gun in plain view, and warrantless entry justified"},"content":{"rendered":"

Defendant was the subject of a wiretap, and he was confronted on the street about having a gun in his possession. He allowed a frisk and no gun was found. Officers went to his house and knocked. When the door was opened, a gun was seen through the open door. Entry without a warrant was justified by exigent circumstances that the gun would disappear if it was not seized. Officers did not arrest on the spot to keep the wiretap viable. “Conversations subsequently monitored contained a statement by Shingles that ‘I’m glad they didn’t find that sawed off.'” United States v. Rodgers<\/a>, 924 F.2d 219 (11th Cir. 1991); United States v. Smalls<\/a>, 617 F. Supp.2d 1240 (S.D. Fla. 2008). United States v. Shingles, 2012 U.S. Dist. LEXIS 41130 (S.D. Fla. March 2, 2012).<\/p>\n

Because no suspicion was required to search Asprilla and because probable cause existed that he was residing at his girlfriend\u2019s Ingalls Street apartment, we need not consider whether the search was alternately justified by exigent circumstances.\u201d United States v. Asprilla<\/a>, 2012 U.S. App. LEXIS 6232 (9th Cir. March 27, 2012) (unpublished).*<\/p>\n

Defendant allegedly threatened a neighbor with a gun, and the neighbor called the police. An officer ran defendant\u2019s name finding a PV warrant out for a prior offense of FIPF. The officer went to defendant\u2019s house, and his wife had apparent authority to consent to a search for the gun. United States v. Schmitz<\/a>, 469 Fed. Appx. 772 (11th Cir. 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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