{"id":4219,"date":"2011-01-11T11:10:24","date_gmt":"2010-05-25T11:51:35","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-05-25T11:51:35","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4219","title":{"rendered":"LA2: Protective sweep may precede arrest"},"content":{"rendered":"

A protective sweep was justified along with the arrest of the occupant of a mobile home with an operating meth lab where officers could hear other people inside. A protective sweep may precede an arrest if the circumstances support it. State v. Fenn<\/a>, 41 So. 3d 544 (La. App. 2d Cir. 2010), judgment rendered May 20, 2010:<\/p>\n

An in-home protective sweep may occur after the suspect is arrested. Two Bienville Parish officers were investigating possible methamphetamine activity involving the applicant, whose vehicle was parked outside her residence, a mobile home in Saline, Louisiana. A man answered her door. When the door was opened, the officers smelled the strong odor of solvents, necessary components in the production of methamphetamine. The deputies also heard noises indicating the possible presence of an unknown individual in the dwelling. The man at the door denied that applicant Fenn was home. The officers left.<\/p>\n

Within a few moments, the officers were informed of an outstanding Texas arrest warrant for the man who had been at the door. An arrest was quickly made, either at the door or on the porch, and the officers, for their protection, made a quick protective sweep of the home, to make certain that no one was present who could harm them. This sweep was predicated upon the foregoing specific and articulable facts, in concert with our culture’s universally acknowledged nexus between guns and drugs. The actions of the officers to protect themselves were objectively reasonable and appropriate.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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