D.Me.: Protective sweep permissible during knock-and-talk where RS was evident

Police conducted a knock and talk at defendant’s hotel room. They were there investigating sex trafficking and found drug paraphernalia in the hallway outside the room. After they were admitted to the room, a protective sweep was permissible. Buie involved a protective sweep incident to arrest, but other authority since has permitted protective sweeps generally for safety. They knew others were in the room, and they could hear somebody in the bathroom but didn’t enter. “Although Buie concerned a protective sweep incident to an arrest, several Circuits, including the First Circuit, have recognized that the doctrine is not limited to sweeps incident to arrest and have applied the doctrine to other circumstances in which police have lawfully entered a home.” A frisk of a hanging jacket was permissible because defendant was nervous and kept looking at it and there was reasonable suspicion of sex trafficking by then. United States v. Henry, 2014 U.S. Dist. LEXIS 147783 (D. Me. October 17, 2014).

A CI gave information about a drug deal going down and described the car coming to a house. Watching, the officer saw the car and “behavior consistent” with drug dealing, but no drugs. When the vehicle left, the officer conducted an investigatory stop, and defendant got out of the car and cocaine fell on the ground when he got out. The information from the CI was detailed and corroborated in significant part, and it was reasonable suspicion for a stop. State v. Murphy, 2014 La. App. LEXIS 2478 (La.App. 5 Cir. October 15, 2014).*

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