Category Archives: Protective sweep

NC: Seizure of shotgun during protective sweep for misdemeanor probation arrest was unreasonable

Defendant was arrested without incident in his living room for a violation of misdemeanor probation, and there was a protective sweep of other rooms looking for others, and a shotgun was seen. The protective sweep was valid, but the seizure … Continue reading

Posted in Probation / Parole search, Protective sweep | Comments Off

IN: Officer safety concerns not shown for search of juvenile’s back pack for asking to borrow cell phone

The juvenile in this case was in a Kroger parking lot late one Sunday morning asking to use cell phones. The police were called, and he was found with two backpacks and the police suspected he was a runaway. A … Continue reading

Posted in Independent source, Protective sweep, Reasonable suspicion | Comments Off

OH2: No testimony supported RS for protective sweep; two cars in driveway alone wasn’t enough

Two cars in the driveway doesn’t translate into two people in the house. The protective sweep of defendant’s house was unreasonable because the officers identified no facts at all to indicate a reasonable belief someone else was there: no sounds … Continue reading

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D.P.R.: Protective sweep of garage and upstairs was valid; plain view sustained, but search of closed bag suppressed

“[T]he court finds that extending the protective sweep to the garage and the second floor was within the bounds set forth by the Supreme Court in Buie and the First Circuit in United States v. Winston, 444 F.3d 115, 120 … Continue reading

Posted in Plain view, feel, smell, Protective sweep, Reasonable suspicion, Scope of search | Comments Off

CA8: Protective sweep justified by one’s furtiveness, gun history for def, sounds of others inside

Here, there was plenty of articulable facts that added up to reasonable suspicion for a protective sweep because of one person’s apparent furtiveness, a gun history for the arrestee, and the sounds of others inside. United States v. Alatorre, 2017 … Continue reading

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TX1: Shooting call a few minutes earlier justified protective sweep of apartment

The protective sweep of defendant’s apartment in response to a shooting call was reasonable. “The officers knew that there had been a shooting [just a few minutes earlier] and that at least one person had been shot. They did not … Continue reading

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MA: Arrest at door alone didn’t justify protective sweep

Half a dozen officers showed up at defendant’s house with an arrest warrant. He met them at the door, and he was handcuffed and arrested and said “Let’s go.” He was asked whether others were in the house, and he … Continue reading

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D.Ariz.: Lifting the tarp off a parked car was reasonable as a protective sweep

Lifting the tarp off a parked car was reasonable as a protective sweep. The officer did not search the car – he only looked in it to make sure no one was hiding there. Defendant’s wife permitted entry into the … Continue reading

Posted in Abandonment, Protective sweep | Comments Off

N.D.Ala.: Nailed down plywood sheet wasn’t subject to removal under protective sweep but other exigency for search shown

Police entered because of a hostage situation. Removal of a nailed down plywood cover wasn’t valid as a protective sweep, but it was under exigent circumstances. United States v. Cooks, 2017 U.S. Dist. LEXIS 83992 (N.D.Ala. April 28, 2017), adopted, … Continue reading

Posted in Dog sniff, Emergency / exigency, Protective sweep | Comments Off

CA2: Protective sweep leading to plain view doesn’t require immediate seizure

Police entered the apartment with an arrest warrant for one occupant and found four living there. A gun and drugs were in plain view. During a protective sweep, a gun and cell phone were found in defendant’s room. They weren’t … Continue reading

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