{"id":9875,"date":"2013-11-27T21:07:10","date_gmt":"2013-11-28T00:01:32","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-11-27T21:07:10","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=9875","title":{"rendered":"N.D.Ga.: Protective sweep of closet during warrantless arrest was valid"},"content":{"rendered":"<p>Defendant\u2019s warrantless arrest as an unregistered sex offender was valid. He was arrested in a bedroom, and the officer\u2019s protective sweep of the closet, sweeping his arm through the clothes hanging there, was designed to see if a person was there. Instead, he felt a firearm, and it was thus in plain view. United States v. Gray, 2013 U.S. Dist. LEXIS 167536 (N.D. Ga. October 31, 2013).*<\/p>\n<p>2255 petitioner is arguing \u201csemantics\u201d whether this trash was at the \u201ccurb\u201d or not, and he pled guilty with no motion to suppress. \u201cAs such, the Supreme Court&#8217;s decision in California v. Greenwood clearly supports the legality of Agent Crain&#8217;s search and there is no conceivable way in which Petitioner&#8217;s counsel was ineffective in failing to challenge the search. Despite his vigorous assertions, Petitioner&#8217;s legal and factual bases for this Ground are erroneous.\u201d Garries v. United States, 2013 U.S. Dist. LEXIS 167464 (E.D. Va. November 25, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=9875\">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-9875","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9875","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=9875"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9875\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9875"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9875"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9875"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}