NY3: Where no information anyone else could be inside, no justification for protective sweep after def’s arrest

The police had no information even suggesting that another person was in the premises, and a protective sweep after defendant was arrested was unjustified. People v. Hadlock, 2023 NY Slip Op 03819, 2023 N.Y. App. Div. LEXIS 3839 (3d Dept. July 13, 2023).

Plaintiff’s prison strip search on moving from a secure housing unit was not conducted unreasonably, even if female staff members happened to see it. Ansley v. Wetzel, 2023 U.S. Dist. LEXIS 119227 (M.D. Pa. July 11, 2023).*

The warrant was issued on probable cause, so the [potentially thorny] standing question doesn’t have to be decided. The omissions from the affidavit don’t undermine the probable cause finding. United States v. Juneau, 2023 U.S. App. LEXIS 17735 (8th Cir. July 13, 2023).*

Pro se motion to suppress for a Franks violation is denied as untimely. On the merits, it fails for lack of a showing of no probable cause. “Finally, assuming arguendo that these statements were false, Browner has also failed to demonstrate that the ‘inclusion of the omitted facts’—that a cellphone, firearm, and ammunition had previously been confiscated—in the affidavit would have precluded a finding of probable cause.” United States v. Browner, 2023 U.S. Dist. LEXIS 120030 (M.D. Ala. July 12, 2023).*