Category Archives: Protective sweep

D.Utah: Def’s suspicionless parole search was valid under Samson

Defendant signed a parole agreement that he was subject to warrantless and suspicionless searches under Utah law. His parole condition wasn’t unconstitutional under Samson, and it doesn’t matter that law enforcement officers were along. Miranda v. United States, 2019 U.S. … Continue reading

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N.D.Cal.: GFE doesn’t apply to protective sweeps which must be objectively reasonable

The good faith exception cannot be applied to an overbroad protective sweep. [Yet, the court finds the exclusionary rule doesn’t apply for other reasons.] United States v. Garcia, 2019 U.S. Dist. LEXIS 27861 (N.D. Cal. Feb. 22, 2019):

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S.D.N.Y.: Protective sweep was invalid, and SW predicated on it is suppressed

The government’s assertion of need for protective sweep was belied by the delay in getting around to conducting it. The product of the protective sweep made it into the search warrant application, and the product of the warrant is suppressed. … Continue reading

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M.D.Fla.: No showing of RS for protective sweep on entry; observations in other rooms suppressed

The protective sweep of other rooms had no reasonable suspicion justification under Buie that another person might be present. There were two and they were unreasonable. The product of the walk through made it into a search warrant for the … Continue reading

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S.D.Ohio: Cursory search of garage was permissible protective sweep

The bodycam video shows that the entry into the house for a search was by consent of a co-occupant. A cursory search of garage was permitted under protective sweep. United States v. Russell, 2019 U.S. Dist. LEXIS 9977 (S.D. Ohio … Continue reading

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KS: Smell of MJ at def’s door was PC it was inside; protective sweep valid

The smell of marijuana at defendant’s door was probable cause there was marijuana inside, and that justified a protective sweep to secure the premises pending getting a warrant. State v. Hubbard, 2018 Kan. LEXIS 592 (Dec. 7, 2018):

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S.D.N.Y.: Protective sweep of small apt loft was valid

A protective sweep of even a small apartment’s loft and closet is valid. Plain view sustained. United States v. Green, 2018 U.S. Dist. LEXIS 206238 (S.D. N.Y. Dec. 6, 2018).* The search issue is not dispositive of the case because … Continue reading

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PA: Protective sweep justified by sounds of multiple people inside and delay in answering door

The sound of multiple people inside a house before anybody came to the door then seeing armor piercing ammunition inside the door justified a protective sweep. Commonwealth v. Hall, 2018 PA Super 319, 2018 Pa. Super. LEXIS 1266 (Nov. 28, … Continue reading

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CA8: Randolph co-tenant consent doesn’t limit domestic abuse investigations

Defendant’s co-tenant consented to a police entry for a domestic abuse investigation, and then defendant later objected. Randolph does not limit the ability of the police to protect domestic abuse victims. Once inside, a protective sweep was permissible, too. Police … Continue reading

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D.Minn.: RS supported a protective sweep even though it turned out that all people there were accounted for

“Given the existence of articulable facts and inferences to support a reasonable belief that an additional person on the scene could pose a danger to them, the protective sweep of the house was constitutional. ‘[T]hough hindsight reveals that the officers … Continue reading

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PA: Firing an assault rifle in your house justifies a protective sweep

After defendant fired an assault rifle in his house, the police were called. A protective sweep to see if anyone was injured was reasonable. Commonwealth v. Coughlin, 2018 PA Super 304, 2018 Pa. Super. LEXIS 1221 (Nov. 14, 2018). “‘Probable … Continue reading

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N.D.Ga.: Even though initial entry may have been unlawful, reentry at def’s request to get cell phone to call lawyer was by consent and permitted protective sweep

Defendant was arrested in what was alleged to be an unlawful entry. After he was out, he requested his cell phone so he could call a lawyer. Going back in with him and the protective sweep with it was by … Continue reading

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