Category Archives: Protective sweep

CA5: Protective sweep reasonable after def first barricaded himself and then surrendered

A protective sweep was justified on defendant’s arrest after he’d barricaded himself inside and then gave up. United States v. Hernandez, 2020 U.S. App. LEXIS 17027 (5th Cir. May 28, 2020). Petitioner isn’t entitled to a writ of mandamus for … Continue reading

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MO: Radio report of def being potentially armed and dangerous plus unusually cluttered car justified protective weapons search

Defendant was stopped for expired tags. The officer noticed the inside of the vehicle was unusually cluttered. He got the DL and went back to his patrol car to call it in. “After the report came back that Lindsay was … Continue reading

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D.N.J.: Protective sweep of house after arrest outside was unjustified; it was a search for a gun

Defendant’s arrest outside his house near his front door did not justify a protective sweep of his house. “Indeed, this Court finds that the marshals’ broad search of the Westberry residence was conducted specifically to find the firearm. … Because … Continue reading

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CA9: Protective sweep of house after medical emergency at front door unjustified

Officers responded to a medical emergency at the entryway of defendant’s house. They ended up conducting a protective sweep for which there was no justification whatsoever. The firearm found in the protective sweep is suppressed. United States v. Gonzalez-Martin, 2020 … Continue reading

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CA11: Protective weapons search of car or an envelope in the car unjustified by any facts

A purported protective sweep of defendant’s car for a weapon was not justified by any facts, and neither was a search of an envelope which would hardly contain a weapon. Neither was there probable cause for the automobile exception. “In … Continue reading

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CA11: 911 call about def threatening people with a gun in his house justified protective sweep

A 911 call reported that defendant pointed a gun at two people and threatened them in his house. Responding, they talked to the victims outside. They entered to do a protective sweep for the weapon, and saw drugs. They got … Continue reading

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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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