E.D.Ky.: Entry for protective sweep with gun drawn wasn’t per se a “forceful entry”; announcement unnecessary

The officer in this case did not have to knock-and-announce to make a protective sweep after defendant was arrested. The officer testified that he did. Entering with gun drawn doesn’t make it a “forceful entry.” United States v. Israel, 2018 U.S. Dist. LEXIS 34542 (E.D. Ky. Mar. 2, 2018):

There was no testimony offered that directly established Sgt. Ensminger made a “forceful entry” into the house, as Defendant contends. Israel appears to argue that Sgt. Ensminger having his gun drawn equates with it being a forceful entry, thereby rendering the subsequent search “illegal, unlawful, and unconstitutional.” (R. 115-1, at 20). However, even if Sgt. Ensminger had drawn his firearm in conducting the protective sweep, this does not necessarily mean that a Fourth Amendment violation occurred. See Anderson v. United States, 107 F. Supp. 2d 191, 199 (E.D.N.Y. 2000) (“there is nothing inherently unreasonable about an officer conducting a protective sweep with his or her weapon drawn”), aff’d, 41 F. App’x 506 (2d Cir. 2002). …