A protective sweep wasn’t justified because the arrest was outside the apartment building away from view. Exigency also didn’t exist because there was no justification for thinking that there might be an injured person inside. Pace v. Commonwealth, 2017 Ky. LEXIS 91 (March 23, 2017):
Based on the factual context predicating the officers’ entry into Appellants’ apartment, we can find no identifiable basis for the performance of a protective sweep. The only arrests made prior to the officers’ search of Appellants’ apartment occurred outside the front of the apartment building. Moreover, those individuals were safely detained away from the apartment building when officers decided to enter Appellants’ apartment. There were no other factors present which placed the safety of the officers or those on the arrest scene in danger. The protective sweep exception to the warrant requirement simply did not arise in this situation.