The officer in this case did not have to knock-and-announce to make a protective sweep after defendant was arrested. The officer testified that he did. Entering with gun drawn doesn\u2019t make it a \u201cforceful entry.\u201d United States v. Israel, 2018 U.S. Dist. LEXIS 34542 (E.D. Ky. Mar. 2, 2018):
\n<\/p>\n
There was no testimony offered that directly established Sgt. Ensminger made a “forceful entry” into the house, as Defendant contends. Israel appears to argue that Sgt. Ensminger having his gun drawn equates with it being a forceful entry, thereby rendering the subsequent search “illegal, unlawful, and unconstitutional.” (R. 115-1, at 20). However, even if Sgt. Ensminger had drawn his firearm in conducting the protective sweep, this does not necessarily mean that a Fourth Amendment violation occurred. See Anderson v. United States, 107 F. Supp. 2d 191, 199 (E.D.N.Y. 2000) (“there is nothing inherently unreasonable about an officer conducting a protective sweep with his or her weapon drawn”), aff’d, 41 F. App’x 506 (2d Cir. 2002). …<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
The officer in this case did not have to knock-and-announce to make a protective sweep after defendant was arrested. The officer testified that he did. Entering with gun drawn doesn\u2019t make it a \u201cforceful entry.\u201d United States v. Israel, 2018 … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[56,22],"tags":[],"class_list":["post-32081","post","type-post","status-publish","format-standard","hentry","category-knock-and-announce","category-protective-sweep"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32081","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=32081"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32081\/revisions"}],"predecessor-version":[{"id":32083,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32081\/revisions\/32083"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=32081"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=32081"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=32081"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}