CA11: 911 call about def threatening people with a gun in his house justified protective sweep

A 911 call reported that defendant pointed a gun at two people and threatened them in his house. Responding, they talked to the victims outside. They entered to do a protective sweep for the weapon, and saw drugs. They got a search warrant from that and more were found. The protective sweep and search warrant were valid. The body cam video was important. United States v. Griffin, 2020 U.S. App. LEXIS 10382 (11th Cir. Apr. 2, 2020).

“Upon review, as stated above, probable cause for the search warrant was based on evidence of drug trafficking provided by a confidential source and found during a trash pull. We find that this evidence alone, even without consideration of the second trash pull or evidence that Appellant’s driver’s license listed 440 Dryden as his address, was sufficient to support a finding of probable cause.” The warrant for drugs was not overbroad. Defendant also raised one aspect of probable cause for the first time in his reply brief, and that’s waived. State v. Franklin, 2020-Ohio-1263, 2020 Ohio App. LEXIS 1199 (5th Dist. Mar. 30, 2020).*

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