Was Officer Powell's entry into Jackson's bedroom justified? Is there a general "clothing exception to the Fourth Amendment?
A criminal compliant was sworn against Jackson and Diggs for distributing crack cocaine. The next day police executed a search warrant against Jackson at his apartment. After knocking, police heard shuffling inside. Jackson opened the door after two minutes and was arrested and handcuffed. Officers made a protective sweep of the apartment and found no one else there. Jackson was barefoot. He asked Officer Powell to get his shoes from his bedroom. Powell found Jackson's shoes on the floor between the bed and an open closet. As he walked into the room toward the shoes, he observed in plain view "what appeared to be the handle of a handgun" protruding from between the two mattresses of the bed. He lifted the mattress and retrieved a loaded black .380 caliber, semi-automatic handgun with its serial numbers filed off.
What will be an ideal response?
Yes; Federal appellate courts split on the existence of a "clothing exception"
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