TX10: Exigency and protective sweep justified entry after a shooting

“The evidence presented at the suppression hearing, when viewed in the light most favorable to the trial court’s ruling, supports the denial of Weems’s motion to suppress based on either the exigent-circumstances or protective-sweep doctrines. … Specifically, once Taylor opened the door, officers were able to determine that the two occupants matched the descriptions provided by witnesses. Furthermore, Taylor confirmed that both she and Weems were present at the scene of the shooting. At this point, the officers were justified in entering the motel room to do a protective sweep and secure the premises, especially considering a gun was involved in the underlying incident for which the officers were investigating. … The protective sweep was done for the purpose of the safety of the officers and others.” Weems v. State, 2019 Tex. App. LEXIS 2889 (Tex. App. – Waco Apr. 10, 2019).

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