Category Archives: Protective sweep

OH12: Stop for riding bicycle in center of road led to RS for frisk

Defendant’s stop was for riding a bicycle in the center of the road, but when finally stopped, he had a large sheathed knife on him, and that justified a frisk. State v. Hayes, 2024-Ohio-5545 (12th Dist. Nov. 25, 2024).* “Defendant … Continue reading

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W.D.Pa.: Protective sweep of house was reasonable despite def’s arrest outside

The officers had knowledge defendant had confederates in his drug operation. While he was arrested outside his house, a protective sweep inside was still shown to be reasonable. United States v. Pope, 2024 U.S. Dist. LEXIS 209740 (W.D. Pa. Nov. … Continue reading

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VA: Furtive movements during stop justified protective sweep of car

Furtive movements during a traffic stop added to reasonable suspicion of a potential weapon. Bazemore v. Commonwealth, 2024 Va. App. LEXIS 659 (Nov. 12, 2024).* “Under our highly deferential standard of review, it also created a sufficient—if weak—nexus between Deeble’s … Continue reading

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IN: Search of passenger’s bag in car before handing it over so he could leave was reasonable when there was PC as to the car

After a traffic stop of a rental vehicle produced a marijuana smell, the driver and passenger were detained. The passenger was shortly let go and asked for his bag from the car. The officer’s search of the bag before handing … Continue reading

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NY1: Failure to controvert any facts or make an argument justifies denying suppression hearing

“Although the felony complaint, indictment, voluntary disclosure form, arraignment transcript, and search warrant affidavit disclosed to defendant provided him with ‘detailed information about the sequence of events leading up to his arrest’ …, he failed to controvert the specific information … Continue reading

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N.D.Cal.: Second frisk at scene of SW was still with RS

Defendant was frisked a second time during execution of a search warrant, and a gun was found. The second frisker didn’t know about the first. There was still reasonable suspicion for a frisk that he was armed and dangerous. United … Continue reading

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M.D.Ala.: Officers executing arrest warrant at house could do protective sweep

Officers executing an arrest warrant for murder could conduct a protective sweep. United States v. Moss, 2024 U.S. Dist. LEXIS 191835 (M.D. Ala. Sep. 9, 2024), adopted, 2024 U.S. Dist. LEXIS 190695 (M.D.Ala. Oct. 21, 2024). Children’s services “ordering” plaintiff … Continue reading

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CA5: The 4A doesn’t limit the number of officers that show up for an administrative search

This administrative search was valid. The number of officers showing up to do it isn’t a constitutional question. “Nor does the number of officers conducting the search change the inquiry. Hershner asserts no jurisprudential authority for the proposition that a … Continue reading

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N.D.Ga.: Exigency shown for warrantless entry to prevent destruction of drugs

The government showed exigency for what they feared was imminent destruction of drugs for a warrantless entry and protective sweep. Then a warrant was obtained with probable cause. United States v. Banks, 2024 U.S. Dist. LEXIS 163658 (N.D. Ga. Aug. … Continue reading

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LA2: SI before arrest was still valid

Defendant was stopped for aggravated assault from allegedly waving a gun. The search incident of his bag for a gun was reasonable as a search incident even though it preceded the arrest. State v. Gipson, 2024 La. App. LEXIS 1382 … Continue reading

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D.Conn.: Failure to disclose prior likely unconstitutional entry into def’s property in SW affidavit was material

The search warrant here was based on an unconstitutional prior entry to photograph firearms, and the issuing magistrate wasn’t told about that. That was material. Motion to suppress granted. United States v. Mahama, 2024 U.S. Dist. LEXIS 145463 (D. Conn. … Continue reading

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D.Mass.: Def had standing to challenge inventory but not the stop

“In sum, the Court finds that the failure to comply with each of these clearly-written standardized procedures contributes to a finding that the purported inventory search was improperly conducted.” Also, defendant didn’t have standing to challenge the stop of the … Continue reading

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W.D.N.C.: Search under automobile exception can be as broad as a SW would allow considering what is sought

When there is probable cause under the automobile exception, the search can be as broad as a search warrant would allow. United States v. Carmichael, 2024 U.S. Dist. LEXIS 116946 (W.D.N.C. July 1, 2024). The protective sweep of defendant’s hotel … Continue reading

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N.Mar.Isl.: DNA order in probate case complied with 4A

There was sufficient justification for the court to order a DNA test in a probate matter, and the order complied with the Fourth Amendment. In re Est. of Kapileo, 2024 N. Mar. I. LEXIS 4 (Superior Ct. June 18, 2024). … Continue reading

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E.D.Mo.: Protective sweep permissible even after def removed from premises

A protective sweep is for persons, and it is reasonable to conduct one after defendant was removed from the premises. United States v. Spann, 2024 U.S. Dist. LEXIS 105082 (E.D. Mo. Apr. 15, 2024),* adopted, 2024 U.S. Dist. LEXIS 104446 … Continue reading

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CA7: Strip search was reasonable, no matter the motive

Plaintiff’s strip search was objectively reasonable, no matter the subjective intent that motivated it. Jones v. Degrave, 2024 U.S. App. LEXIS 10953 (7th Cir. May 6, 2024). Plaintiff doesn’t show that GPS monitoring as a condition of his state probation … Continue reading

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D.Alaska: Protective sweep after def’s arrest not justified, but there was exigency otherwise

The entry into the house was reasonable because of exigent circumstances because of ongoing drug operations there. Protective sweep is rejected because the defendant had already been arrested by the time the sweep occurred. United States v. Avitia-Enriquez, 2024 U.S. … Continue reading

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D.Me.: Looking around house when allegedly “freezing” it was an illegal search

In an apparent attempt to “freeze” defendant’s residence after they took him away, they found marijuana while looking around. Up to that point, they had no inkling there was marijuana in the house. That search was unreasonable, and the motion … Continue reading

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CA6: Asking def before a patdown during arrest what he had on him wasn’t barred by Miranda

Asking defendant before a patdown during arrest what he had on him wasn’t barred by Miranda. United States v. Lester, 2024 U.S. App. LEXIS 9162 (6th Cir. Apr. 16, 2024). The evidence supports the trial court’s conclusion defendant consented to … Continue reading

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NY Queens: PC shown for SW blood drawn at hospital after car wreck

Probable cause was shown for the search warrant for defendant’s blood drawn at a hospital after a car wreck. To the extent there is also a Franks challenge, it fails. People v. Moreno, 2024 NY Slip Op 24116, 2024 NYLJ … Continue reading

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