Category Archives: Protective sweep

KY: Arrest outside a dwelling doesn’t justify a protective sweep inside

An arrest outside an apartment doesn’t justify a protective sweep inside. There was no sufficient emergency to justify an entry into the apartment. Exclusion is the proper remedy. Pace v. Commonwealth, 2017 Ky. LEXIS 389 (March 23, 2017), modified Sept. … Continue reading

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D.Conn.: Once a protective sweep is over, officers have to leave or they separately violate the 4A by staying

Officers lacked a reasonable basis for believing that there was anyone else in the apartment to conduct a protective sweep. Staying too long after the protective sweep is a separate constitutional violation. “Accordingly, even if the protective sweep had been … Continue reading

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TX: Officer’s training and experience must be considered in the totality of RS

The court of appeals failed to consider and credit the officer’s training and experience in considering the totality of circumstances that the officer had reasonable suspicion under the Fourth Amendment to continue to detain defendant after the purposes of the … Continue reading

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CA1: No RS for a protective sweep just because def was suspected of drugs

The government had no evidence of violence or reason to believe that there was anybody else in the apartment to justify a protective sweep. The crime alone, suspected drug trafficking, didn’t provide it. United States v. Delgado-Pérez, 2017 U.S. App. … Continue reading

Posted in DNA, Protective sweep, Reasonable suspicion | Comments Off

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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