N.D.W.Va.: Officers arrived at an injured person call, and the assailant wasn’t around; protective sweep permissible

“Here, the officers arrived to a chaotic scene. The Defendant was severely injured after being hit by a bottle. There were at least two other individuals present. The Police were told the assailant, who had demonstrated his violent nature, was not present. Based on these facts, along with rational inferences, the Court finds that it was reasonable for the officers to believe that an individual who may pose a threat may have been in the house. Thus, the protective sweep did not violate the Fourth Amendment. [¶] Moreover, the marijuana discovered in the living room was in plain view when the officers entered the premises and was not discovered during the protective sweep. And there was no testimony presented at the hearing that the protective sweep discovered any evidence. Thus, assuming arguendo that the protective sweep did violate the Fourth Amendment, there is no evidence to suppress.” United States v. Park, 2017 U.S. Dist. LEXIS 81143 (N.D. W.Va. May 3, 2017).*