Category Archives: Protective sweep

AL applies GFE to CSLI 2½ years before Carpenter

CSLI obtained by court order, but without showing probable cause, nearly three years before Carpenter was all in good faith. Watson v. State, 2020 Ala. Crim. App. LEXIS 4 (Jan. 10, 2020). Defendant’s ineffective assistance of counsel claim against counsel … Continue reading

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OH5: Knock-and-talk led to smell of MJ grow; entry for protective sweep before getting SW wasn’t unreasonable

Police came to do a knock-and-talk, and they could smell a marijuana grow from outside. They decided to do a protective sweep for people before they left to get a search warrant because they heard music from inside the home. … Continue reading

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CA11: Domestic disturbance call with a report of shots fired permitted a warrantless entry and then a protective sweep for victims

A domestic disturbance call with a report of shots fired permitted a warrantless entry and then a protective sweep for victims: “Based on the 911 call reporting gunshots and a domestic disturbance, combined with Peacock’s initial observations upon arriving at … Continue reading

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E.D.Tenn.: Consent to protective sweep led to plain view of money under a bed

Defendant consented to a protective sweep, and, looking under a bed, the officer saw a duffle bag with money showing. That was a reasonable search. United States v. Stanton, 2020 U.S. Dist. LEXIS 778 (E.D. Tenn. Jan. 3, 2020).* “To … Continue reading

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E.D.N.C.: Officers came to the door with PC but no warrant; def’s shutting door and moving around inside led officers to believe he was destroying evidence, and entry was justified

When officers came to the door with probable cause for the presence of marijuana, defendant’s shutting the door and moving about inside for up to 90 seconds created apprehension that he was destroying evidence. Also, there was at least reasonable … Continue reading

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D.Del.: A protective sweep can be reasonable even with a consent entry

A protective sweep can be reasonable even with a consent entry if there is potential danger. United States v. Chalas-Felix, 2019 U.S. Dist. LEXIS 203745 (D. Del. Nov. 25, 2019):

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D.Conn.: Arrest by bathroom door permits look into bathroom under protective sweep

Defendant was arrested in his apartment, right at the bathroom door, and looking in the bathroom was permitted by the protective sweep doctrine. In there, powder from drugs was visible in plain view. United States v. Ovalle, 2019 U.S. Dist. … Continue reading

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IL: Flagrantly unconstitutional arrest here means no attenuation for statement

Defendant’s arrest was flagrantly unconstitutional, and his statement wasn’t attenuated from it. People v. Gutierrez, 2019 IL App (3d) 180405, 2019 Ill. App. LEXIS 890 (Nov. 15, 2019).* Defendant was convicted of possession of a weapon that was in his … Continue reading

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D.Kan.: Michigan v. Long search of car on RS for a weapon called “protective sweep”

The officers had reasonable suspicion to believe there was a weapon in the car justifying a “protective sweep” of the car under Michigan v. Long. United States v. Alexander, 2019 U.S. Dist. LEXIS 197653 (D. Kan. Nov. 14, 2019). Defendant … Continue reading

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CA9: Shaking a fanny pack rather than searching it was reasonable during a stop-and-frisk

Shaking defendant’s fanny pack to see if there was a weapon rather than opening it was reasonable as a part of stop and frisk. United States v. Elenes, 2019 U.S. App. LEXIS 33067 (9th Cir. Nov. 5, 2019). Officers could … Continue reading

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MT: Welfare check of driver gave no indication of DUI, so no RS

The officer approached defendant’s vehicle pursuant to a 911 call to request a welfare check on the driver, but he did not have particularized suspicion to conduct a DUI investigation at the time he was assured defendant was not in … Continue reading

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CA11: RS supported a protective sweep for def after a police foot chase and officers having reason to believe he could have doubled back to the hotel room from where he started

Defendant discovered he was under surveillance at his motel and he fled. Officers came back to his room in 10 minutes, and seeing his car entered his room thinking he had doubled back. He did not abandon his privacy interest … Continue reading

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