Category Archives: Protective sweep

TX2: No exigency shown for warrantless blood draw in DUI case

The state failed to prove exigent circumstances for a warrantless blood draw from the defendant. There were other officers around and a warrant could have been sought. State v. Sanders, 2017 Tex. App. LEXIS 11674 (Tex. App. – Ft. Worth … Continue reading

Posted in Emergency / exigency, Protective sweep | Comments Off

E.D.La.: Drive-by shooting led to emergency ping order which led to valid protective sweep

“Defendant lacks standing to challenge the sweep of Ms. Wells’ home. At best, Defendant was a frequent visitor to the home where he babysat children and worked on cars in the yard. Those limited connections to the home are insufficient … Continue reading

Posted in Cell site location information, Emergency / exigency, Protective sweep | Comments Off

D.P.R.: Threshold arrest of defendant in his underwear justifies a protective sweep

A threshold arrest of defendant in his underwear justifies a protective sweep because he’d have to get his clothes. United States v. Rodriguez-Madera, 2017 U.S. Dist. LEXIS 196636 (D. P.R. Nov. 28, 2017):

Posted in Arrest or entry on arrest, Protective sweep | Comments Off

CA9: Long protective weapons search wasn’t justified by RS weapons could be found

“Although Officers Ellis and Prince may have reasonably believed that Perryman and his cousin, Anthony Perryman (“Anthony”), were dangerous, the evidence does not support the district court’s conclusion that the officers reasonably believed that Perryman or Anthony would gain immediate … Continue reading

Posted in Protective sweep | Comments Off

D.Me.: Officer’s comments and actions on body recorder belie any need for protective sweep

Officers went to defendant’s mobile home on a knock-and-talk based on an attempt to buy a gun two weeks earlier that was denied because the address given didn’t match the driver’s license. At the door of the mobile home, the … Continue reading

Posted in Protective sweep | Comments Off

GA: Protective sweep of a house after a street fight and stabbing outside and a brief standoff with a cut def was reasonable

A protective sweep of defendant’s house right after his arrest was reasonable. Officers responded to a 911 call about a street fight and a possible stabbing. A dying victim was found in the street, and another victim was in hysterics. … Continue reading

Posted in Ineffective assistance, Protective sweep | Comments Off

OH1: Warrantless search of def’s cell phone in kidnapping investigation was reasonable and justified by exigency

The warrantless search of defendant’s apartment, his person, and his cell phone was justified by exigent circumstances under the Fourth Amendment because the still-missing kidnapping victim’s life was in danger. The police reasonably believed that his phone had been used … Continue reading

Posted in Cell phones, Emergency / exigency, Protective sweep | Comments Off

KY: Arrest outside a dwelling doesn’t justify a protective sweep inside

An arrest outside an apartment doesn’t justify a protective sweep inside. There was no sufficient emergency to justify an entry into the apartment. Exclusion is the proper remedy. Pace v. Commonwealth, 2017 Ky. LEXIS 389 (March 23, 2017), modified Sept. … Continue reading

Posted in Arrest or entry on arrest, Consent, Protective sweep | Comments Off

D.Conn.: Once a protective sweep is over, officers have to leave or they separately violate the 4A by staying

Officers lacked a reasonable basis for believing that there was anyone else in the apartment to conduct a protective sweep. Staying too long after the protective sweep is a separate constitutional violation. “Accordingly, even if the protective sweep had been … Continue reading

Posted in Protective sweep | Comments Off

TX: Officer’s training and experience must be considered in the totality of RS

The court of appeals failed to consider and credit the officer’s training and experience in considering the totality of circumstances that the officer had reasonable suspicion under the Fourth Amendment to continue to detain defendant after the purposes of the … Continue reading

Posted in Protective sweep, Reasonable suspicion | Comments Off