M.D.Fla.: No showing of RS for protective sweep on entry; observations in other rooms suppressed

The protective sweep of other rooms had no reasonable suspicion justification under Buie that another person might be present. There were two and they were unreasonable. The product of the walk through made it into a search warrant for the premises, and that taints the warrant. Motion to suppress is granted. United States v. Fuentes-Rodriguez, 2019 U.S. Dist. LEXIS 18225 (M.D. Fla. Feb. 5, 2019).

Plaintiff’s civil Franks claim doesn’t allege or show materiality to the finding of probable cause. Motion to dismiss granted on this and other grounds without prejudice. Gower v. All But Furgotten Humane Rescue a Non Profit Org., 2019 U.S. Dist. LEXIS 17188 (W.D. Pa. Feb. 4, 2019).*

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