Category Archives: Protective sweep

D.P.R.: Threshold arrest of defendant in his underwear justifies a protective sweep

A threshold arrest of defendant in his underwear justifies a protective sweep because he’d have to get his clothes. United States v. Rodriguez-Madera, 2017 U.S. Dist. LEXIS 196636 (D. P.R. Nov. 28, 2017):

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CA9: Long protective weapons search wasn’t justified by RS weapons could be found

“Although Officers Ellis and Prince may have reasonably believed that Perryman and his cousin, Anthony Perryman (“Anthony”), were dangerous, the evidence does not support the district court’s conclusion that the officers reasonably believed that Perryman or Anthony would gain immediate … Continue reading

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D.Me.: Officer’s comments and actions on body recorder belie any need for protective sweep

Officers went to defendant’s mobile home on a knock-and-talk based on an attempt to buy a gun two weeks earlier that was denied because the address given didn’t match the driver’s license. At the door of the mobile home, the … Continue reading

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GA: Protective sweep of a house after a street fight and stabbing outside and a brief standoff with a cut def was reasonable

A protective sweep of defendant’s house right after his arrest was reasonable. Officers responded to a 911 call about a street fight and a possible stabbing. A dying victim was found in the street, and another victim was in hysterics. … Continue reading

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OH1: Warrantless search of def’s cell phone in kidnapping investigation was reasonable and justified by exigency

The warrantless search of defendant’s apartment, his person, and his cell phone was justified by exigent circumstances under the Fourth Amendment because the still-missing kidnapping victim’s life was in danger. The police reasonably believed that his phone had been used … Continue reading

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KY: Arrest outside a dwelling doesn’t justify a protective sweep inside

An arrest outside an apartment doesn’t justify a protective sweep inside. There was no sufficient emergency to justify an entry into the apartment. Exclusion is the proper remedy. Pace v. Commonwealth, 2017 Ky. LEXIS 389 (March 23, 2017), modified Sept. … Continue reading

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D.Conn.: Once a protective sweep is over, officers have to leave or they separately violate the 4A by staying

Officers lacked a reasonable basis for believing that there was anyone else in the apartment to conduct a protective sweep. Staying too long after the protective sweep is a separate constitutional violation. “Accordingly, even if the protective sweep had been … Continue reading

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TX: Officer’s training and experience must be considered in the totality of RS

The court of appeals failed to consider and credit the officer’s training and experience in considering the totality of circumstances that the officer had reasonable suspicion under the Fourth Amendment to continue to detain defendant after the purposes of the … Continue reading

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CA1: No RS for a protective sweep just because def was suspected of drugs

The government had no evidence of violence or reason to believe that there was anybody else in the apartment to justify a protective sweep. The crime alone, suspected drug trafficking, didn’t provide it. United States v. Delgado-Pérez, 2017 U.S. App. … Continue reading

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NC: Seizure of shotgun during protective sweep for misdemeanor probation arrest was unreasonable

Defendant was arrested without incident in his living room for a violation of misdemeanor probation, and there was a protective sweep of other rooms looking for others, and a shotgun was seen. The protective sweep was valid, but the seizure … Continue reading

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IN: Officer safety concerns not shown for search of juvenile’s back pack for asking to borrow cell phone

The juvenile in this case was in a Kroger parking lot late one Sunday morning asking to use cell phones. The police were called, and he was found with two backpacks and the police suspected he was a runaway. A … Continue reading

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OH2: No testimony supported RS for protective sweep; two cars in driveway alone wasn’t enough

Two cars in the driveway doesn’t translate into two people in the house. The protective sweep of defendant’s house was unreasonable because the officers identified no facts at all to indicate a reasonable belief someone else was there: no sounds … Continue reading

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