CA8: Protective sweeps need not always occur in conjunction with an arrest

Officers didn’t misrepresent themselves during the knock-and-talk looking for an armed drug dealer in the country illegally; they were just invited in without saying what they were there for. Once inside, the officers asked in Spanish about others being in the house, and one of the occupants motioned with his head. Officers pulled their weapons and ordered people to come out, and they did. Then there was a protective sweep, which was valid. “Protective sweeps need not always occur in conjunction with an arrest.” United States v. Crisolis-Gonzalez, 742 F.3d 830 (8th Cir. 2014):

Protective sweeps need not always occur in conjunction with an arrest. See id. In Cisneros-Gutierrez, we upheld the sweep in the absence of an arrest because under the circumstances, a “reasonable officer could conclude that it was necessary for his safety to secure the premises before obtaining a warrant.” Id. at 1006. In that case, the officers had been informed that the defendants possessed illegal narcotics and firearms, and when the officers arrived on the premises, they observed the defendants’ evasive and suspicious behavior. Id. at 1007. In light of those facts, we concluded that “[t]here was a reasonable possibility that other individuals were in the home, posing a danger to the officers.” Id. at 1006-07.

We draw a similar conclusion here. The agents had been informed that Crisolis-Gonzalez was involved in drugs and that he may have purchased a gun. The hesitance from both Reyes-Savedra and Lara-Andres when Agent Covarrubias asked if others were in the house ignited the agents’ suspicion as to the potential danger. Reyes-Savedra’s slight head turn to the hallway in response to being asked whether anyone else was in the apartment created further suspicion that other individuals were present. We hold these facts sufficient to alert the agents as to the possibility that the apartment harbored dangerous individuals. Thus, the agents conducted a lawful protective sweep of the apartment.