CA1: Gunshot from within while waiting for SW justified entry and sweep

Police froze and surrounded defendant’s home while they sought a search warrant. While they were waiting, a gunshot came from within, so they entered in response. The government satisfied inevitable discovery even though this protective sweep ended up in the ultimate warrant request. United States v. Soto-Peguero, 2020 U.S. App. LEXIS 32885 (1st Cir. Oct. 19, 2020).

Omission of witness recantation and the lack of physical evidence connecting plaintiff to the alleged crimes under investigation led to the affidavit for the search and arrest warrant to lack all probable cause. Motion for summary judgment on qualified immunity denied. Wheeler v. City of Searcy, 2020 U.S. Dist. LEXIS 192869 (E.D. Ark. Oct. 19, 2020).*

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