CA5: Protective sweep of bedroom def was going in was valid, but rest of house was not

Defendant did not consent to a search for his firearms. The seizure of one from his bedroom was valid because it was justified by officer safety that he was going into the bedroom to get dressed, and officers looked there for weapons and found it. A second gun could not be justified by protective sweep because there was no justification for one other than that bedroom. United States v. Lim, 2018 U.S. App. LEXIS 21239 (5th Cir. July 31, 2018).

The affidavit for the search warrant was 135 pages long, and added at the end in handwriting was inclusion of a backpack search that produced 125 bricks of heroin. The heroin search wasn’t a violation of the Fourth Amendment, and, even if it was, the affidavit provided probable cause on its own. United States v. Montgomery, 2018 U.S. Dist. LEXIS 126655 (W.D. Pa. July 30, 2018).*

This entry was posted in Probable cause. Bookmark the permalink.

Comments are closed.