Category Archives: Protective sweep

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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D.N.M.: Govt’s failure to argue validity of scope of protective sweep before USMJ waived it

The government didn’t raise validity of the scope of the full protective sweep before the USMJ and waived it after the R&R. United States v. Salazar, 2018 U.S. Dist. LEXIS 10212 (D. N.M. Jan. 23, 2018). Defendant’s cell phone search … Continue reading

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N.D.Ala.: The mere possibility others are on the premises isn’t RS for Buie

To justify a protective sweep, the mere possibility others might be on the premises is not reasonable suspicion under Buie and would essentially cause a protective sweep in every case. United States v. Yarbrough, 2018 U.S. Dist. LEXIS 2883 (N.D. … Continue reading

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OR: CI privilege doesn’t require production of CI for in camera review if there is PC

While “Defendant does not challenge the trial court’s further determination that the affidavit contained sufficient information to establish the CI’s reliability and credibility,” he faults the trial court for not having the CI produced for in camera review. The identity … Continue reading

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MD: Michigan v. Long protective frisk of a car includes looking under floor mats

Defendant was driving in a high crime area and engaging in activity suggesting a drug transaction. When officer stopped his vehicle, he acted suspiciously and made furtive movements. The Michigan v. Long protective sweep of a car includes lifting the … Continue reading

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CA10: Protective sweep conducted without RS others present; SW suppressed

Officers came to arrest defendant in his home. They conducted a protective sweep of the entire premises without reason to believe anyone else was present. Their plain views made it into a search warrant, and the search is suppressed. United … Continue reading

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E.D.Wis.: Furtive movement toward car during stop justified protective frisk of car

Defendant’s furtive movements toward his car and his agitated state justified a protective frisk of the car. United States v. Vaccaro, 2017 U.S. Dist. LEXIS 205804 (E.D. Wis. Sept. 18, 2017), adopted, 2017 U.S. Dist. LEXIS 204625 (E.D. Wis. Dec. … Continue reading

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TX2: No exigency shown for warrantless blood draw in DUI case

The state failed to prove exigent circumstances for a warrantless blood draw from the defendant. There were other officers around and a warrant could have been sought. State v. Sanders, 2017 Tex. App. LEXIS 11674 (Tex. App. – Ft. Worth … Continue reading

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E.D.La.: Drive-by shooting led to emergency ping order which led to valid protective sweep

“Defendant lacks standing to challenge the sweep of Ms. Wells’ home. At best, Defendant was a frequent visitor to the home where he babysat children and worked on cars in the yard. Those limited connections to the home are insufficient … Continue reading

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