Officers had [what appears to be kind of thin] exigent circumstances for a warrantless entry into defendant\u2019s apartment for drug dealing with a weapon. The circumstances were sufficiently like Buie to justify a protective sweep. United States v. Richardson, 817 F. Supp. 2d 151 (W.D. N.Y. May 24, 2010),* affirmed United States v. Lucas, 2012 U.S. App. LEXIS 3221 (2d Cir. Feb. 15, 2012):<\/p>\n
In this case, the Court concludes by a preponderance of evidence that exigent circumstances existed justifying the officers’ warrantless entry into 1955 E. Main Street Apartment A-1. At the point they entered, Klein and the other officers, as discussed above, had probable cause to believe that the occupants of the apartment were engaged in drug trafficking and possessed a firearm in furtherance of their drug trafficking activities. When the apartment door opened the second time, Klein was able to see Richardson and Lucas, but not the shotgun. Finally, Richardson and Lucas refused the direction of Klein, a uniformed police officer, to come out of the apartment. Clearly, there was an urgent need for the police to take action.<\/p><\/blockquote>\n
A named complainant called the police to say that two men were sitting in a car in front of her house with a gun. Officers arrived and everything matched the details of the report except for the gun. There was a sufficient basis for a protective sweep of the car for the gun, and it was found. United States v. Harris, 2010 U.S. Dist. LEXIS 51847 (D. Minn. April 21, 2010)*:<\/p>\n
Thompson properly conducted a Terry stop when he asked first Smith and then Harris to exit the vehicle. Moreover, as Harris was standing near the vehicle, and was not arrested or in handcuffs, he could have broken free from police control and retrieved a weapon from the front passenger area of the car. Therefore, it was proper for Thompson to conduct a protective search of the vehicle to ensure officer safety.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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