LA1: Protective sweep completely unjustified and suppressed

Police surveilled defendant’s home for two hours before he arrived to arrest him. In that two hours, there was nothing that suggested anybody else was in the house. When police arrested him, they conducted a protective sweep which was facially unreasonable. State v. McLin, 2019 La. App. LEXIS 468 (La. App. 1 Cir. Mar. 18, 2019).

Defendant’s refusal for a BAC test didn’t come until after a warrant issued, and the implied consent law wasn’t material. State v. Nice, 2019 ND 73, 2019 N.D. LEXIS 65 (Mar. 13, 2019).

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