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S.D.Ga.: Firearms laying in plain view = exigent circumstances for community caretaking seizure

By John Wesley Hall, Jr.

An officer patrolling a low-rent housing project saw a man asleep on the porch in the early morning hours, and that was highly unusual. She approached just to see what was going on, and there was a handgun on the floor between his feet. She called for backup, and then retrieved the gun. After handcuffing him, she asked for ID and he said go get it, indicating his pocket. In the pocket was the ID and drugs. The search was legal. United States v. Williams, 2011 U.S. Dist. LEXIS 2977 (S.D. Ga. January 12, 2011)*: Firearms lying unattended in plain view on the porch of a public housing unit and in close proximity to a public sidewalk present a clear threat not only to the approaching officer but also to the community generally, for any passerby -- including a small child -- could easily retrieve the loaded weapon...continue to full post

Full post as published by Fourth Amendment on January 14, 2011 (boomark / email).