M.D.Pa.: Girlfriend’s misstatement about presence of other persons in house during probation search justified protective sweep

“[O]fficers went to Mr. Owens’ residence to conduct a probationary check. After knocking on the door, officers were told by Mr. Owens’ girlfriend, Ms. Haqq, that he was not present and that she was the only adult at the residence. Officers then stated that they wished to see Mr. Owens’ room and Ms. Haqq, who also resided at 937 Hepburn Street, consented to the officers entering the home. Once they lawfully gained access, officers entered, expecting no other adults in the home. When the officers encountered two other adults, including Mr. Owens, they naturally performed a protective sweep. The fact that Ms. Haqq was either untruthful or unaware that there were others in the home led the officers to conclude that other individuals who may pose a danger to the officers may be present. Accordingly, the officers’ search [protective sweep] of the property was lawful and not in violation of the Fourth Amendment.” United States v. Owens, 2016 U.S. Dist. LEXIS 182358 (M.D.Pa. May 16, 2016).*