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S.D.Tex.: Stolen motorcycle outside house where arrest warrant was served supported protective sweep

By John Wesley Hall, Jr.

When police executed an arrest warrant at defendant’s house, they found a stolen motorcycle outside. That contributed to the need for a protective sweep of the house. Defendant later consented to a search of the house. United States v. Flowers, 2010 U.S. Dist. LEXIS 10434 (S.D. Tex. February 5, 2010): Significantly, because a stolen motorcycle had been observed outside the house, the officers knew they would be required to remain at the house, both inside and outside, in order to process the stolen vehicle, increasing the risk of an attack from someone inside the house, either an accomplice in Defendant's criminal activity or a loved one with a misguided desire to protect Defendant from arrest and criminal prosecution. The officers had a reasonable basis to believe that persons inside the house could pose a danger to their safety and, therefore, properly conducted a protective sweep of the house...continue to full post

Full post as published by Fourth Amendment on February 10, 2010 (boomark / email).