CA8: Protective sweep of a camper was reasonable because another was inside when def was arrested

Defendant was supposed to sell methamphetamine from his camper at a campsite to an undercover officer, but he declined, so the officer attempted to arrest him outside the camper on an outstanding warrant and he fled. He went to the door and knocked because defendant said there was another person inside. The officer opened the door and told the guy on the couch to come out. In doing that, the officer could see two glass pipes which formed the basis of a search warrant of the camper. The observation was reasonable and related to the arrest and protective sweep of the camper. United States v. Pile, 2016 U.S. App. LEXIS 6536 (8th Cir. April 11, 2016).

The government didn’t raise defendant’s standing before the USMJ so defendant couldn’t respond at a hearing. The court assumes standing and denies the motion to suppress on the merits. There was probable cause as to this vehicle by its description and its proximity to the crime scene. United States v. Centeno-González, 2016 U.S. Dist. LEXIS 49193 (D.P.R. April 11, 2016),* R&R 2015 U.S. Dist. LEXIS 177547 (D.P.R. Dec. 31, 2015).*