NC: Arrest warrant for def permitted entry into house when he retreated inside; protective sweep valid

Officers had an arrest warrant for defendant for a violent crime, and he was found at home. They saw him outside, and he retreated inside. The SRT showed up too. The entry for the arrest was valid, as was the protective sweep since one of the persons inside had on a bulletproof vest. The search warrant issued thereafter was issued on probable cause. State v. Johnson, 2023 N.C. App. LEXIS 202 (Apr. 18, 2023).

The fact a traffic offense is not “arrestable” under state law has no effect on the Fourth Amendment analysis. Virginia v. Moore. Techu-El v. Conetta, 2023 U.S. App. LEXIS 9405 (2d Cir. Apr. 20, 2023).

Plaintiff waived his Fourth Amendment theory on appeal by not asserting it in response to summary judgment. Wilson v. City of Evanston, 2023 U.S. App. LEXIS 9411 (7th Cir. Apr. 20, 2023).*

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