{"id":8676,"date":"2013-07-11T09:44:21","date_gmt":"2013-04-25T08:02:16","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-04-25T08:02:16","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=8676","title":{"rendered":"PA: Exigent circumstances of gun in house with children justified entry to obtain murder weapon"},"content":{"rendered":"<p>Protective sweep (over)broadly held to include looking for a murder weapon. <a href=\"http:\/\/www.pacourts.us\/assets\/opinions\/Superior\/out\/a16008_12.pdf?cb=1\">Commonwealth v. Harrell<\/a>, 2013 PA Super 82, 65 A.3d 420 (2013):<\/p>\n<blockquote><p>Here, officers arrested appellant on the front porch of his residence. (Trial court opinion, 7\/13\/11 at 29.) However, they did not recover the weapon used to kill the two victims. (Id.) A female, described as frantic, exited the residence and informed officers that there were children inside. (Id.) Officers did not know at that time if there was anyone else involved in the shooting, if the murder weapon was inside the house, or if the children were in danger. (Id.) Under these circumstances, the officers were justified in performing a protective sweep of the residence.<\/p><\/blockquote>\n<p><a href=\"http:\/\/scholar.google.com\/scholar_case?case=14617911839617855186&amp;q=buie+&amp;hl=en&amp;as_sdt=2,4\">Buie protective sweep<\/a> is limited to looking for other people. Here, the court&#8217;s conclusion should have been &#8220;the gun probably was in the house and children were in the house so exigency (or public safety, see <a href=\"http:\/\/scholar.google.com\/scholar_case?case=13717772316457971707&amp;q=quarles&amp;hl=en&amp;as_sdt=2,4\">New York v. Quarles<\/a>) justified locating the gun under exigent circumstances. As to the other person, a protective sweep was permissible, although protective sweep only justifies a plain view.&#8221;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=8676\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-8676","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8676","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=8676"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8676\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8676"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8676"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8676"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}