Category Archives: Protective sweep

D.Conn.: Protective weapons search of nightstand for a weapon invalid where def removed from house in handcuffs

The court does not believe an officer who claimed to have seen crack cocaine in a black opaque drawstring bag that was closed in the first search of his person. The court also does not believe that a much later … Continue reading

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IN: No RS for a protective sweep after def was arrested

A protective sweep of a closed room requires reasonable suspicion that an attack could be launched from the room. After defendant was arrested, there was no reasonable suspicion there was anybody else in the house; therefore, no reasonable suspicion. Johnson … Continue reading

Posted in Automobile exception, Protective sweep | Comments Off

D.Ore.: Def stopped at roadblock from Malheur National Wildlife Refuge could be searched again after he went back to talk others into leaving

Defendant arrived at the Malheur National Wildlife Refuge in January 2016. After arrests and the killing of one, he decided to leave and encountered a roadblock where he was briefly searched. Officers asked if he would go back to the … Continue reading

Posted in Emergency / exigency, Protective sweep, Roadblocks | Comments Off

D.Conn.: Shots fired call is not per se exigency; totality standard must apply

A shots fired call is not carte blanche exigency–the totality of circumstances must still be examined. Here, the court finds no exigency for the warrantless entry or protective sweep and that the exclusionary rule should be applied. The costs aren’t … Continue reading

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D.S.C.: No REP in a rental rented by another and loaned to def where he wasn’t on the rental contract

Defendant had no reasonable expectation of privacy in a rental car rented by another and loaned to him when the rental company didn’t authorize him as a driver. United States v. Dorsey, 2017 U.S. Dist. LEXIS 21112 (D.S.C. Feb. 15, … Continue reading

Posted in Protective sweep, Seizure, Standing | Comments Off

D.D.C.: Under Md. v. King, govt needn’t show actual need for DNA of already arrested person

The government moved for DNA by buccal swab from four defendants, and it does not have to show a need for genetic testing under Maryland v. King. United States v. Proctor, 2017 U.S. Dist. LEXIS 16618 (D.D.C. Feb. 2, 2017). … Continue reading

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M.D.La.: Officer’s claim of a burglary in progress and that a protective sweep was justified was completely unjustified

It should have been apparent to the officers that the defendant was a friend of the homeowner and was a guest in the premises, and their entry was unjustified under a claim of a burglary in progress or that a … Continue reading

Posted in Emergency / exigency, Protective sweep, Reasonable suspicion | Comments Off

M.D.Pa.: Girlfriend’s misstatement about presence of other persons in house during probation search justified protective sweep

“[O]fficers went to Mr. Owens’ residence to conduct a probationary check. After knocking on the door, officers were told by Mr. Owens’ girlfriend, Ms. Haqq, that he was not present and that she was the only adult at the residence. … Continue reading

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

NY2: Search of house for weapon after protective sweep was unreasonable

Defendant was reported to have assaulted people outside his house with a small bat and a brandishing a firearm. Police arrived, and he ran inside. Police kicked the door in, secured him, cleared the house [a protective sweep] putting the … Continue reading

Posted in Arrest or entry on arrest, Protective sweep | Comments Off

FL2: Protective sweep of curtilage unreasonable; CI’s tip of obvious details to any observer not corroborated

The trial court erred in denying defendant’s motion to suppress under the protective sweep exception to the warrant requirement because the trial court’s finding that the detective’s intrusion onto the curtilage was justified for officer safety was not supported by … Continue reading

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