Category Archives: Protective sweep

N.D.Ind.: Protective sweep here was based on officers’ experience and not on any specific facts and was still reasonable

The officers here had no specific information there was anybody else in defendant’s house when they did a protective sweep. Nevertheless, the sweep is reasonable. Officers are also entitled to draw on their experience in determining whether a protective sweep … Continue reading

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VA: Gun in plain view left in car was seizable under Long

Defendant fled from a car, and a gun was in plain view in the car. The officer acted reasonably in searching the car to secure the firearm under Michigan v. Long [aside from abandonment of the car] because defendant could … Continue reading

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AK: Refusal of consent can be used against def if state can show case-specific relevance

Normally, refusal of consent can’t be used against the defendant, but it can if there is case-specific relevance, such as evidence of consciousness of guilt, citing Leavitt v. Arave, 383 F.3d 809, 828 (9th Cir. 2004). Ace v. State, 2018 … Continue reading

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D.N.M.: Protective sweep valid to look for other pressure cooker bombs; parent has presumptive apparent authority to consent to search of adult child’s room

Defendant was suspected of making a pressure cooker bomb, which was found. (1) A protective sweep was proper to determine whether there were others in the house. (2) The house was owned by defendant’s father, and defendant merely lived there. … Continue reading

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Two on protective sweep

On plain error review, the protective sweep was reasonable. The officers had information that a suggested second person could have been in the house, and he or she hadn’t been found or found not to exist. United States v. Ford, … Continue reading

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M.D.Ala.: Emergency aid exception doesn’t apply to justify entry where victims are accounted for outside

The government didn’t meet its burden of showing the emergency aid exception applied where all the purported victims were accounted for and outside the apartment they wanted to search. The protective sweep doctrine as an alternative doesn’t apply here because … Continue reading

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GA: Allegedly illegally seized journals the state agreed not to use could be used as prior inconsistent statements when def testified

Defendant’s journals were allegedly illegally seized, and the state agreed not to use them. Defendant testified, and the state sought to put the journals into evidence for impeachment as a prior inconsistent statement. When the trial court allowed it, defendant … Continue reading

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E.D.Ky.: Entry for protective sweep with gun drawn wasn’t per se a “forceful entry”; announcement unnecessary

The officer in this case did not have to knock-and-announce to make a protective sweep after defendant was arrested. The officer testified that he did. Entering with gun drawn doesn’t make it a “forceful entry.” United States v. Israel, 2018 … Continue reading

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CA11: Protective sweep was justified by an extra car out front and voices from inside

A protective sweep was justified by an extra car out front and voices from inside. United States v. Ratcliff, 2018 U.S. App. LEXIS 5443 (11th Cir. Feb. 28, 2018). Officer “knocked” on defendant’s tent at a campsite to talk to … Continue reading

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W.D.N.Y.: Protective sweep was unjustified and suppressed

The protective sweep here was unreasonable because the officers had no articulable facts at all that there was potentially anyone inside before entering. United States v. Rucker, 2018 U.S. Dist. LEXIS 33607 (W.D. N.Y. Mar. 1, 2018). “Mr. Huffman had … Continue reading

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CA8: The challenge to RS isn’t piece by piece; RS on totality

The police surveilled defendant’s garage where he was alleged to sell meth from his home in the early morning or at night when he was home. The totality of circumstances add up to reasonable suspicion, and defendant’s challenge was to … Continue reading

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D.Minn.: A “search and seizure warrant” not only authorized seizure of defendant’s computer but its search

A “search and seizure warrant” not only authorized seizure of defendant’s computer but its search. “Defendant’s argument that the search warrant authorized the seizure—but not the search—of his computer, phone, and computer storage media strains the bounds of logic and … Continue reading

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