While protective sweep was unreasonable, excising it from the affidavit for search warrant, still leaves probable cause. United States v. Lee, 2020 U.S. Dist. LEXIS 171270 (E.D. N.C. Sept. 18, 2020).
“In sum, counsel reasonably could have concluded that movant did not have a reasonable expectation of privacy in the apartment or its contraband and/or that movant abandoned any such expectation. [¶] For the same reasons, counsel could have reasonably concluded that the private-search doctrine barred any Fourth Amendment challenge to the officers’ seizure of the contraband.” Silvene v. United States, 2020 U.S. Dist. LEXIS 171446 (S.D. Fla. Sept. 16, 2020).*