Category Archives: Protective sweep

N.D.Cal.: If bumping def on a bike was a seizure, it ended when he ran away

The officer bumped defendant on a bike. It was potentially a seizure, but “Under Hodari D. and Torres, the seizure thus ended when Daniels got up and began running down the driveway.” United States v. Daniels, 2022 U.S. Dist. LEXIS … Continue reading

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CA11: Pressing key fob found during search of home to find car didn’t violate 4A

Pressing the key fob found inside during a search to locate the car outside was reasonable under the automobile exception. United States v. Fortson, 2022 U.S. App. LEXIS 11176 (11th Cir. Apr. 25, 2022). “Defendant’s constitutional rights were not violated … Continue reading

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CA7: Def’s detention during protective sweep looking for another was unreasonable

Defendant’s detention in an apartment building during a protective sweep for a fugitive that clearly wasn’t him was unreasonable. The district court’s denial of the motion to suppress is reversed. United States v. Segoviano, 2022 U.S. App. LEXIS 8771 (7th … Continue reading

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D.Utah: Travel at night, nervousness, travel plans, cash on person here not RS

The government “points to four circumstances as the basis for an independent reasonable, articulable suspicion to extend the stop for the K-9 deployment: (1) the time of night and location of Mr. Melendez’s vehicle; (2) Mr. Melendez’s nervousness; (3) Mr. … Continue reading

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NY Co.: Failure to execute SW in ten days voids it

The search warrant wasn’t executed within 10 days as required by statute where it had to be returned to the court if not. Suppressed. People v. Tonner, 2022 NY Slip Op 50175(U), 2022 N.Y. Misc. LEXIS 833 (N.Y. Co. Feb. … Continue reading

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N.D.Ga.: Officers can enter a bathroom for a protective sweep

The protective sweep of the bathroom was justified and defendant’s claim the officers didn’t need to enter the bathroom to look is rejected. United States v. Perez, 2022 U.S. Dist. LEXIS 26275 (N.D.Ga. Feb. 15, 2022). Plaintiff inmate’s claim that … Continue reading

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CA3: Def’s not showing himself for 5-6 minutes when police entered on an arrest warrant justified protective sweep

Police executed an arrest warrant at defendant’s house. It took him 5-6 minutes to show himself, coming from the basement. A protective sweep of the basement was reasonable, and firearms were found in plain view down there. A search warrant … Continue reading

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NY1: Routine of leaving out of affidavit for SW that protective sweep saw drugs first revealed during trial required hearing

During the trial, NYPD officers revealed they were in the premises and conducted plain views during a walk around as a protective sweep and then sought a search warrant . It was also revealed that they routinely left information about … Continue reading

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M.D.Pa.: Stopping UPS truck for dog sniff of packages wasn’t unreasonable

Of two coconspirators in a package containing drugs, the named sender has standing but the coconspirator does not. Stopping the UPS truck for a dog sniff of the packages did not interfere with any reasonable expectation of privacy. Besides, there … Continue reading

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D.Kan.: § 1983 case over bad faith prosecution and search of cell phone barred by Younger

Plaintiff sued under § 1983 claiming that his prosecution is proceeding in bad faith and that his cell phone was wrongfully seized and searched. This is all barred by Younger v. Harris. Kabutu v. Short, 2021 U.S. Dist. LEXIS 238360 … Continue reading

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CA6: Looking under bed in a protective sweep still was plain view

The officer had to kneel down to look under defendant’s bed in a protective sweep, and he saw a gun. The gun was still in plain view, and the officer was legitimately in place. United States v. Fields, 2021 U.S. … Continue reading

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TN: No standing in text messages on codef’s cell phone

Defense counsel could not be ineffective for not moving to suppress text messages on the codefendant’s cell phone where defendant had no standing. Wells v. State, 2021 Tenn. Crim. App. LEXIS 553 (Dec. 7, 2021). There is no reasonable expectation … Continue reading

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CA1: Protective sweep for weapons requires only objective reasonableness, and actual fear not required

A First Circuit panel overrules its caselaw as inconsistent with SCOTUS cases that a frisk for weapons must be both objective and with subjective fear: “United States v. Lott that officers cannot do a ‘frisk for weapons … where, although … Continue reading

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D.Neb.: Jardines does not prohibit a knock-and-talk

Jardines does not prohibit a knock-and-talk as long as the officers enter via the normal path. United States v. Hartford, 2021 U.S. Dist. LEXIS 226452 (D.Neb. Nov. 24, 2021). A protective sweep of defendant’s car was reasonable, despite his being … Continue reading

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D.Minn.: Merely unlocking cell phone without looking in it is not a search

“[U]sing a passcode to unlock Defendant’s cellphone without exploring the contents of the phone does not constitute a search under the Fourth Amendment.” United States v. Jackson, 2021 U.S. Dist. LEXIS 202192 (D.Minn. Oct. 20, 2021). The protective sweep was … Continue reading

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LA1: No REP in an abandoned house

Defendant had no reasonable expectation of privacy in an abandoned house he was using, and the trial court erred in finding one. State v. Jackson, 2021 La. App. LEXIS 1354 (La. App. 1 Cir. Oct. 1, 2021). Articulable facts supported … Continue reading

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CA5: Even a mistaken critical fact to nexus can still be reasonable for GFE

An asserted fact in the search warrant affidavit that was critical to the target of the search and thus the place to be searched proved to be wrong, which the officer revealed when he learned. Still, the search warrant was … Continue reading

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MA: SW for firearm permitted frisk of people inside for weapons

A search warrant for defendant’s premises permitted a frisk of his person for firearms when the object of the search warrant was firearms. Commonwealth v. Suggs, 2021 Mass. App. LEXIS 91 (Aug. 4, 2021). The jury verdict for choking the … Continue reading

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CA8: Protective sweep justified by multiple factors: maybe guns, movement and maybe others inside

“Assuming without deciding that Thompson has ‘standing’ to challenge the search, the protective sweep was justified.” “There was good reason here for a sweep. First, Thompson was suspected of stealing several guns from a pawn shop in a burglary, committing … Continue reading

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S.D.N.Y.: Def’s response to a SDT showed records existed for later SW; not stale

Defendant’s receipt of and response to a subpoena for fraud records in an older fraud case established timeliness and lack of staleness when the government decided to proceed by search warrant instead. Staleness is a question of probable cause. United … Continue reading

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