While the question is close here, the protective sweep of defendant\u2019s house during a search warrant was reasonable on the totality. Essentially, the search warrant doesn\u2019t define the scope of a justified protective sweep. \u201c[T]he Fourth Amendment permits law enforcement officers to conduct a protective sweep of a residence incident to an arrest when they possess a reasonable belief, based on specific and articulable facts, that the area to be swept harbors an individual who may pose a danger. Pruneda, 518 F.3d at 603 (citing Buie, 494 U.S. at 334); Walsh, 299 F.3d at 733).\u201d United States v. Conroy, 2025 U.S. Dist. LEXIS 74909 (N.D. Iowa Apr. 18, 2025).<\/p>\n\n\n\n
Defendant changed lawyers two weeks before the original trial date, and pretrial proceedings were extended. No motion to suppress was filed. On appeal, he challenges scope of search as revealed at trial. The search was for weapons and ammunition. Some of the places searched wouldn\u2019t hide a gun, but could have held ammunition. On the merits of the search claim, he\u2019d have lost if a motion to suppress had been made. United States v. Jacobs, 2025 U.S. App. LEXIS 9272 (7th Cir. Apr. 18, 2025).*<\/p>\n\n\n\n
Defense counsel at trial couldn\u2019t be ineffective for not filing a motion to suppress where inevitable discovery applies. State v. Lively, 2025 Del. Super. LEXIS 194 (Apr. 16, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"
While the question is close here, the protective sweep of defendant\u2019s house during a search warrant was reasonable on the totality. Essentially, the search warrant doesn\u2019t define the scope of a justified protective sweep. \u201c[T]he Fourth Amendment permits law enforcement … Continue reading