Category Archives: Protective sweep

GA: Police were reasonable in stopping def because he looked like the guy wanted in an arrest warrant although it turned out he wasn’t the guy

Officers could approach defendant to talk to him because he generally fit the description and location of a person named in an arrest warrant. It turned out that he wasn’t the guy, but it doesn’t make it unreasonable to stop … Continue reading

Posted in Arrest or entry on arrest, Franks doctrine, Protective sweep | Comments Off on GA: Police were reasonable in stopping def because he looked like the guy wanted in an arrest warrant although it turned out he wasn’t the guy

D.Me.: Arrest outside master bedroom of known drug house justified protective sweep of bedroom

Defendant arrested 8′ from master bedroom in a house known for drug activity justified a protective sweep of the bedroom. United States v. Pemberton, 2019 U.S. Dist. LEXIS 146615 (D. Me. May 17, 2019),* adopted, 2019 U.S. Dist. LEXIS 145167 … Continue reading

Posted in Protective sweep, Reasonable suspicion | Comments Off on D.Me.: Arrest outside master bedroom of known drug house justified protective sweep of bedroom

CA7: Dog alert on apparent residual odor isn’t a false positive under Harris

The fact a drug dog alerts on residual odor doesn’t mean there was a false positive. “Our review of the record and the order denying suppression satisfies us the judge conducted the proper Harris evaluation and committed no error in … Continue reading

Posted in Dog sniff, Protective sweep | Comments Off on CA7: Dog alert on apparent residual odor isn’t a false positive under Harris

N.D.W.Va.: Delay in initiating protective sweep was reasonable because officer was waiting for backup

The officer’s warrantless entry into defendant’s house was reasonable based on exigency of the potential for destruction of drugs. Once he was in the basement on a protective sweep, he found a firearm. Defendant argues his delay in the basement … Continue reading

Posted in Ineffective assistance, Protective sweep | Comments Off on N.D.W.Va.: Delay in initiating protective sweep was reasonable because officer was waiting for backup

N.D.Ala.: Court describes a protective sweep as a search incident to arrest and leaves confusion

Defendant was arrested on his porch, but one could see the bedroom from there. Officers did not have a search warrant. He requested an officer to turn off the stove. A protective sweep of the bedroom was valid. “Deputy Thomas … Continue reading

Posted in Arrest or entry on arrest, Protective sweep, Search incident | Comments Off on N.D.Ala.: Court describes a protective sweep as a search incident to arrest and leaves confusion

FL2: State doesn’t justify entry into motel room on any exigency after suspect’s arrest; standing raised too late

The court declines to remand for more evidence of standing when the state sat on the claim. The state’s protective sweep argument and associated search incident fails for its failure to show exigency for any entry or officer safety. The … Continue reading

Posted in Protective sweep, Search incident, Standing | Comments Off on FL2: State doesn’t justify entry into motel room on any exigency after suspect’s arrest; standing raised too late

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

Posted in Arrest or entry on arrest, Protective sweep | Comments Off on N.D.Ind.: Protective sweep during execution of arrest warrant was justified; four others inside

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

Posted in Automobile exception, Cell site location information, Protective sweep | Comments Off on N.D.Ala.: Protective sweep of nearby shed on def’s arrest in wooded area valid

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

Posted in Informant hearsay, Protective sweep, Warrant execution | Comments Off on E.D.Mich.: Failure to leave a copy of the SW does not require suppression

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

Posted in Protective sweep, Warrant execution | Comments Off on D.S.D.: Protective sweep can occur after an arrest at the threshold

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

Posted in Protective sweep, Reasonable suspicion | Comments Off on SC: Three psuedo buys in one day was RS, and the smell of ammonia at his house justified a protective sweep

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

Posted in Protective sweep, Warrant execution | Comments Off on W.D.Mo.: Primary object of SW found right inside front door, but that didn’t preclude larger search