Category Archives: Protective sweep

KS: Smell of MJ at def’s door was PC it was inside; protective sweep valid

The smell of marijuana at defendant’s door was probable cause there was marijuana inside, and that justified a protective sweep to secure the premises pending getting a warrant. State v. Hubbard, 2018 Kan. LEXIS 592 (Dec. 7, 2018):

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S.D.N.Y.: Protective sweep of small apt loft was valid

A protective sweep of even a small apartment’s loft and closet is valid. Plain view sustained. United States v. Green, 2018 U.S. Dist. LEXIS 206238 (S.D. N.Y. Dec. 6, 2018).* The search issue is not dispositive of the case because … Continue reading

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PA: Protective sweep justified by sounds of multiple people inside and delay in answering door

The sound of multiple people inside a house before anybody came to the door then seeing armor piercing ammunition inside the door justified a protective sweep. Commonwealth v. Hall, 2018 PA Super 319, 2018 Pa. Super. LEXIS 1266 (Nov. 28, … Continue reading

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CA8: Randolph co-tenant consent doesn’t limit domestic abuse investigations

Defendant’s co-tenant consented to a police entry for a domestic abuse investigation, and then defendant later objected. Randolph does not limit the ability of the police to protect domestic abuse victims. Once inside, a protective sweep was permissible, too. Police … Continue reading

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D.Minn.: RS supported a protective sweep even though it turned out that all people there were accounted for

“Given the existence of articulable facts and inferences to support a reasonable belief that an additional person on the scene could pose a danger to them, the protective sweep of the house was constitutional. ‘[T]hough hindsight reveals that the officers … Continue reading

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PA: Firing an assault rifle in your house justifies a protective sweep

After defendant fired an assault rifle in his house, the police were called. A protective sweep to see if anyone was injured was reasonable. Commonwealth v. Coughlin, 2018 PA Super 304, 2018 Pa. Super. LEXIS 1221 (Nov. 14, 2018). “‘Probable … Continue reading

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N.D.Ga.: Even though initial entry may have been unlawful, reentry at def’s request to get cell phone to call lawyer was by consent and permitted protective sweep

Defendant was arrested in what was alleged to be an unlawful entry. After he was out, he requested his cell phone so he could call a lawyer. Going back in with him and the protective sweep with it was by … Continue reading

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IN: Backpack of arrested motorcyclist was subject to SI

Defendant was stopped on a motorcycle and had a backpack. An arrest warrant was found for defendant, and his backpack was subject to a search incident. State v. Crager, 2018 Ind. App. LEXIS 385 (Oct. 25, 2018). There was no … Continue reading

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N.D.Okla.: Arrest inside the door permitted protective sweep

The arrest of the codefendant inside house permitted a protective sweep. United States v. Jones, 2018 U.S. Dist. LEXIS 166347 (N.D. Okla. Sep. 27, 2018). “These nine ineffective assistance of counsel claims are properly evaluated under the Strickland standard, meaning … Continue reading

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S.D.N.Y.: Protective sweep led to plain view of firearm and cell phone

During a protective sweep, a firearm and cell phones were seen, and a search warrant was later issued for the firearm. His cell phone was in plain view and seized when defendant was arrested. The officers came back for the … Continue reading

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N.D.Ill.: Shots fired 911 call and citizen report led to car; protective sweep of back seat was permissible

Chicago police officers received a man on the street report (treated as anonymous but reliable) that shots were just fired from a particular vehicle. There were also 911 calls about the shots. The vehicle was shortly seen, and that was … Continue reading

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M.D.Ala.: The apparent layout and size of house and speed with which a protective sweep was conducted shows it reasonable

The place of arrest at the threshold, the layout of the house as seen from the front door, the size of the house, and the speed with which the protective sweep (one minute and 15-30 seconds) shows that it was … Continue reading

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