{"id":65042,"date":"2026-10-21T08:35:18","date_gmt":"2026-10-21T13:35:18","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=65042"},"modified":"2026-10-21T08:35:18","modified_gmt":"2026-10-21T13:35:18","slug":"md-while-protective-sweep-information-made-it-into-sw-affidavit-there-was-pc-without-it","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=65042","title":{"rendered":"MD: While protective sweep information made it into SW affidavit, there was PC without it"},"content":{"rendered":"\n<p>This search with a warrant was preceded by a protective sweep. Observations made during the sweep made it into the warrant affidavit. Assuming without deciding the sweep was unreasonable, there was sufficient other probable cause for the warrant. <a href=\"https:\/\/www.courts.state.md.us\/data\/opinions\/coa\/2026\/48a25.pdf\">Founds v. State<\/a>, 2026 Md. LEXIS 562 (Sep. 30, 2026).<\/p>\n\n\n\n<p>The warrant was particular. \u201cThat place was the apartment behind the \u2018rear red door with white trim,\u2019 which, \u2018when looking at [the] rear of [the] property,\u2019 was \u2018the door to the right.\u2019 \u2026. That specific description was the premises to be searched in the warrant. So, it was not a general warrant for the entire building, but a warrant specifically authorizing the search of the apartment behind that door.\u201d It did not just include searching the door. United States v. Gladden, 2026 U.S. Dist. LEXIS 237270 (M.D. Pa. Oct. 16, 2026).*<\/p>\n\n\n\n<p>Defendant doesn\u2019t get to file a motion to suppress out of time. While the indictment changed slightly, not enough to affect that. Also, adding new counsel doesn\u2019t justify it either. United States v. Crosby, 2026 U.S. Dist. LEXIS 238139 (W.D. Mo. Sep. 24, 2026).*<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>This search with a warrant was preceded by a protective sweep. Observations made during the sweep made it into the warrant affidavit. Assuming without deciding the sweep was unreasonable, there was sufficient other probable cause for the warrant. Founds v. &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=65042\">Continue reading <span class=\"meta-nav\">&rarr;<\/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":[6,65,20,22],"tags":[],"class_list":["post-65042","post","type-post","status-publish","format-standard","hentry","category-motion-to-suppress","category-particularity","category-probable-cause","category-protective-sweep"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/65042","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=65042"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/65042\/revisions"}],"predecessor-version":[{"id":65043,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/65042\/revisions\/65043"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=65042"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=65042"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=65042"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}