Category Archives: Protective sweep

CA8: A home security system alarm is an invitation for a protective sweep when police see a broken window

A home security alarm went off signaling a burglary and police responded. Seeing a broken window, they could enter to conduct a protective sweep, and contraband in plain view could be seized. A cell phone was also seized and later … Continue reading

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N.D.Ohio: An open container in a car is probable cause under the automobile exception to search for other open containers

An open container in a car is probable cause under the automobile exception to search for other open containers. In addition: “Here, Patrolmen Link and McClamroch had received information that a retaliatory shooting could occur near the location they stopped … Continue reading

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E.D.Mich.: Navarette-like stop was reasonable in shots fired call and that also supported vehicle search for weapon under Long

“Navarette supports a finding of reasonable suspicion here. In light of the totality of the circumstances, including that officers spotted the white pickup in close proximity to the park soon after being dispatched, the court finds that the 911 call … Continue reading

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MA: “Observing” a controlled buy from outside an apartment building is not corroboration of the CI

“Observing” a controlled buy from outside an apartment building is not corroboration of the informant under the state constitution. They didn’t see what apartment was involved. Commonwealth v. Ponte, 2020 Mass. App. LEXIS 16 (Feb. 13, 2020). The area surveillance … Continue reading

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W.D.N.C.: RS arose from domestic argument officer could hear

The officer responded to what sounded like a fight and that was reasonable suspicion. Added to that was defendant’s furtive movements when the officer got there. Defendant’s actions also supported a protective search of the vehicle. United States v. Blount, … Continue reading

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OH8: Trial strategy was that the drugs weren’t def’s; a motion to suppress would have to argue standing; no IAC

Pursuing a motion to suppress would have been contrary to trial strategy that it wasn’t his stuff. “In overruling the first assignment of error, on ineffective assistance of trial counsel for failing to move to suppress, this court noted that … Continue reading

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D.P.R.: Def’s 2255 claim was based on a fact litigated below and at the trial on the merits; the jury’s determination on credibility can’t be challenged now

In his 2255, defendant claims counsel was ineffective for not moving to suppress on the automobile search or consent search grounds. This was contrary to his defense at trial and the original suppression motion that the officers planted the gun, … Continue reading

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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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