KY: Arrest outside a dwelling doesn’t justify a protective sweep inside

An arrest outside an apartment doesn’t justify a protective sweep inside. There was no sufficient emergency to justify an entry into the apartment. Exclusion is the proper remedy. Pace v. Commonwealth, 2017 Ky. LEXIS 389 (March 23, 2017), modified Sept. 28, 2017.

The witnesses agreed that defendant was asked, not commanded, to stay, and that made the stop consensual. The trial court’s finding to the contrary wasn’t supported by the evidence. , 2017 IL App (2d) 160608, 2017 Ill. App. LEXIS 613 (Sept. 28, 2017).*

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