Category Archives: Protective sweep

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

Posted in Protective sweep | Comments Off

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

Posted in Plain view, feel, smell, Protective sweep | Comments Off

N.D.W.Va.: Officers arrived at an injured person call, and the assailant wasn’t around; protective sweep permissible

“Here, the officers arrived to a chaotic scene. The Defendant was severely injured after being hit by a bottle. There were at least two other individuals present. The Police were told the assailant, who had demonstrated his violent nature, was … Continue reading

Posted in Emergency / exigency, Protective sweep | Comments Off

N.D.Ala.: Entry with CPS worker to retrieve diaper bag was reasonable

A couple was arrested, and their infant was going with child protective services. An entry into the house with the CPS worker to recover the infant’s diaper bag was reasonable.United States v. Wright, 2017 U.S. Dist. LEXIS 72738 (N.D. Ala. … Continue reading

Posted in Protective sweep, Reasonableness | Comments Off

NJ: Protective weapons search may be obviated by officers’ control of the situation

Reasonable suspicion that a vehicle may contain a weapon can be obviated by the number of officers controlling the scene. Here, the officers outnumbered the occupants of the car and had everybody out, so nobody was getting access to a … Continue reading

Posted in Protective sweep | Comments Off

M.D.Fla.: Attempted flight to back of house from arrest in the home justified protective sweep

Officers entered with an arrest warrant. Defendant’s attempt to flee to the back of the house justified a protective sweep of that area because of the possibility there might be others back there. United States v. Thompson, 2017 U.S. Dist. … Continue reading

Posted in Protective sweep | Comments Off

KY: Arrest outside away from door did not justify protective sweep inside

A protective sweep wasn’t justified because the arrest was outside the apartment building away from view. Exigency also didn’t exist because there was no justification for thinking that there might be an injured person inside. Pace v. Commonwealth, 2017 Ky. … Continue reading

Posted in Protective sweep | Comments Off

D.Minn.: 911 call about two men entering house with guns couldn’t be corroborated at all at scene; entry for protective sweep unreasonable

“The information provided to the police was that a caller called 911 and said ‘there’s two men that came inside the house with guns.’ (Transcript at 9.) The police were also given the address of the subject house. (Id.) Based … Continue reading

Posted in Protective sweep | Comments Off