Category Archives: Protective sweep

N.D.Ind.: Protective sweep during execution of arrest warrant was justified; four others inside

Officers came in with an arrest warrant, and the further protective sweep was justified because others were found inside. That protective sweep produced a sawed off shotgun. United States v. Ford, 2019 U.S. Dist. LEXIS 107424 (N.D. Ind. June 27, … Continue reading

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N.D.Ala.: Protective sweep of nearby shed on def’s arrest in wooded area valid

Defendant was arrested in an open wooded area, and the protective sweep of a shed near him was valid. United States v. Flanagan, 2019 U.S. Dist. LEXIS 100047 (N.D. Ala. May 29, 2019), adopted, 2019 U.S. Dist. LEXIS 99228 (N.D. … Continue reading

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E.D.Mich.: Failure to leave a copy of the SW does not require suppression

Failure to leave a copy of the search warrant does not require suppression. There is no prejudice. United States v. Robinson, 2019 U.S. Dist. LEXIS 99902 (E.D. Mich. June 14, 2019). The CI was creditable because of admissions against interest … Continue reading

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D.S.D.: Protective sweep can occur after an arrest at the threshold

A protective sweep can occur after an arrest at the threshold even though defendant’s girlfriend said nobody else was there. United States v. Villanueva, 2019 U.S. Dist. LEXIS 89450 (D. S.D. May 29, 2019). The defendant being armed when the … Continue reading

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SC: Three psuedo buys in one day was RS, and the smell of ammonia at his house justified a protective sweep

Defendant’s three purchases of pseudoephedrine in one day was reasonable suspicion that he had a meth lab to support a protective sweep because, when the dwelling door was opened, the smell of ammonia was overwhelming. State v. Kotowski, 2019 S.C. … Continue reading

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W.D.Mo.: Primary object of SW found right inside front door, but that didn’t preclude larger search

The search warrant was for a package found right inside the front door. That did not preclude the officers from searching further in the house. Also, a protective sweep incident to execution of the search warrant was proper. Searching inside … Continue reading

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N.D.Ohio: Sitting alone on porch doesn’t justify a protective sweep; but consent was still valid

The protective sweep here was invalid: “Here, the officers had no articulable basis to believe that anyone was in King’s house as King sat on the front porch.” However, his later consent search was valid. “Defendant claims that he did … Continue reading

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D.N.J.: Way overbroad protective sweep violated Buie

The protective sweep went far beyond the requirements of Buie, searching the entire house, and it is ordered suppressed. As to “the inevitable discovery analysis, the Court finds that the Government has failed to demonstrate, by a preponderance of the … Continue reading

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TX10: Exigency and protective sweep justified entry after a shooting

“The evidence presented at the suppression hearing, when viewed in the light most favorable to the trial court’s ruling, supports the denial of Weems’s motion to suppress based on either the exigent-circumstances or protective-sweep doctrines. … Specifically, once Taylor opened … Continue reading

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LA1: Protective sweep completely unjustified and suppressed

Police surveilled defendant’s home for two hours before he arrived to arrest him. In that two hours, there was nothing that suggested anybody else was in the house. When police arrested him, they conducted a protective sweep which was facially … Continue reading

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D.Utah: Def’s suspicionless parole search was valid under Samson

Defendant signed a parole agreement that he was subject to warrantless and suspicionless searches under Utah law. His parole condition wasn’t unconstitutional under Samson, and it doesn’t matter that law enforcement officers were along. Miranda v. United States, 2019 U.S. … Continue reading

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N.D.Cal.: GFE doesn’t apply to protective sweeps which must be objectively reasonable

The good faith exception cannot be applied to an overbroad protective sweep. [Yet, the court finds the exclusionary rule doesn’t apply for other reasons.] United States v. Garcia, 2019 U.S. Dist. LEXIS 27861 (N.D. Cal. Feb. 22, 2019):

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