Category Archives: Protective sweep

D.Mass.: Park ranger’s arrest of def outside park wasn’t 4A violation, even if statute violated

“Ruiz argues that, because Carozzi lacked the statutory authority to arrest him outside the park, the arrest violated his Fourth Amendment rights, and therefore all evidence collected subsequent to his arrest (i.e., the breathalyzer results) must be suppressed. In the … Continue reading

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E.D.Ark.: “Place of residence” for a parole search of an absconder includes a motel room he’s staying in

The “place of residence” for a parole search of an absconder includes a motel room he’s staying in. He also has no standing to challenge a search of a trash can outside the room. United States v. Nichols, 2022 U.S. … Continue reading

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E.D.Cal.: Govt failed in its burden of proof on justification for protective sweep

The court finds, with the evidence in equipoise, the government didn’t meet its burden of showing the arrest happened inside defendant’s house or outside. This is critical, because the police did a protective sweep and used that to get a … Continue reading

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S.D.W.Va.: Protective sweep under a bed is reasonable

The protective sweep here looking under the bed was reasonable. It’s where people hide. Defendant’s contention the sweep went further isn’t clear. Some things were moved and opened, but a search warrant had been executed between the sweep and her … Continue reading

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E.D.Pa.: Threat to get SW was real and lawful and did not coerce consent

“Mr. Adams contends that the agents coerced him into giving consent involuntarily when they threatened to seize his phone and hold it until they obtained a search warrant. … I disagree. For the reasons stated below, I conclude that Mr. … Continue reading

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D.S.D.: Time waiting for someone to come to remove car, tow truck or friend, was part of incidents of stop

When the vehicle will be removed because of no licensed person to take control, the time between the calling of the tow truck or a friend or family member to take it away and their arrival is part of the … Continue reading

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IL: Police car computer report stopped car had no insurance was presumptively reliable basis for stop

Defendant’s car was licensed in another state, so the state’s window tint law didn’t apply, and that couldn’t be a basis for the stop. However, the car was uninsured per the police computer system. “We further note that Campbell’s reliance … Continue reading

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NV: Protective sweep doesn’t require a prior arrest and state didn’t articulate the RS of potential danger for it

“While we hold that a protective sweep does not require a prior arrest, we conclude that the district court correctly concluded that the search performed here was not a lawful protective sweep because it was not based on articulable facts … Continue reading

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D.Idaho: This protective sweep was based on speculation and was unreasonable

Here, the protective sweep claim of the government was factually based on speculation, and was unreasonable. United States v. Iverson, 2022 U.S. Dist. LEXIS 156914 (D. Idaho Aug. 29, 2022). Defendant’s stop for suspieion of criminal activity was reasonable. United … Continue reading

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W.D.Tex.: Protective sweep justified despite hearing no one inside

A protective sweep of defendant’s apartment was reasonable on the totality despite the officers not hearing anyone inside. United States v. Turner, 2022 U.S. Dist. LEXIS 144215 (W.D. Tex. Aug. 12, 2022). “At no point did Veney voluntarily submit to … Continue reading

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W.D.Mo.: 26 day delay in getting cell phone SW wasn’t unreasonable

A 26 day delay between seizure of a cell phone and issuance of a search warrant for it was not constitutionally unreasonable. Defendant’s motion for return of the phone is deferred until the trial is over. United States v. Brown, … Continue reading

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N.D.Cal.: Prolonging traffic stop to inquire of probation or parole status unreasonable

Prolonging the traffic stop for further information on defendant’s parole and probation status was unreasonable. It diverted from the traffic stop. United States v. Gould, 2022 U.S. Dist. LEXIS 142915 (N.D. Cal. Aug. 10, 2022). The protective sweep of defendant’s … Continue reading

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IA: Smell of MJ smoke 6 days earlier wasn’t stale here

“[W]e conclude that although this was an isolated event and the evidence sought was easily removable, the passage of six days was not significant enough to render the warrant stale.” State v. Euchner, 2022 Iowa App. LEXIS 590 (Aug. 3, … Continue reading

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CA8: Protective sweep of vehicle on RS reasonable even if def standing outside

When there is reasonable suspicion a driver is armed, a protective sweep of his vehicle is permitted even though he’s outside of it. United States v. Dabney, 2022 U.S. App. LEXIS 21400 (8th Cir. Aug. 3, 2022). Family member was … Continue reading

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M.D.Ala.: Court decides geofence warrant on GFE without getting to 4A merits

Defendant was a suspect in a series of 35 carjackings where the car was shortly thereafter used in an armed robbery. A geofence warrant was used to track defendant at the scenes of the robberies. After discussing the case law … Continue reading

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CA5: Being handcuffed during traffic stop for officer safety wasn’t “custody” for Miranda purposes

Defendant was handcuffed during a traffic stop for officer safety, and the officer’s on the street questions were not custodial for Miranda purposes. United States v. Coulter, 2022 U.S. App. LEXIS 19751 (5th Cir. July 18, 2022). This protective sweep … Continue reading

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CA8: Independent source justified search despite illegal protective sweep

“Herbert Green previously appealed the denial of his motion to suppress drugs and firearms discovered in his apartment during a law enforcement search outside the scope of the police’s warrant. See United States v. Green, 9 F.4th 682, 691-93 (8th … Continue reading

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E.D.Va.: No RS for protective sweep of car for weapon

The officers lacked reasonable suspicion for a protective sweep of defendant’s car. His actions did not support any suggestion he might be armed. United States v. Trice, 2022 U.S. Dist. LEXIS 115463 (E.D. Va. June 29, 2022).* Defendant’s refusal to … Continue reading

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NY Richmond Co.: PC without including protective sweep

“These facts alone, without taking the protective sweep into consideration, would have provided a magistrate with probable cause to issue a search warrant. A sworn statement of an identified member of the community attesting to facts directly and personally observed … Continue reading

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D.Ariz.: Nighttime search rule doesn’t bar nighttime arrest warrant execution

As to arrest warrants, Rule 41 and 21 U.S.C. § 879 aren’t clear on whether a nighttime entry is barred for execution of an arrest warrant. (Tie goes to the government on reasonableness.) A violation of knock-and-announce doesn’t invoke the … Continue reading

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