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CA5: Fleeing man seen inside after a consent entry justified protective sweep

By John Wesley Hall, Jr.

Officers entered by consent when a man arrested outside requested clothes before going with them. Once inside, this defendant fled, and that justified a protective sweep. The police already suspected somebody might be inside who was wanted for murder. United States v. Scroggins, 2010 U.S. App. LEXIS 4551 (5th Cir. March 4, 2010).* Officer responded to a 911 call about a possible domestic beating in a house. When he arrived, he tried to talk to all the participants, and he entered without a warrant because of the obvious tenseness of the situation. The entry was with exigent circumstances. Schreiber v. Moe, 2010 U.S. App. LEXIS 4537, 2010 FED App. 0062P (6th Cir. March 4, 2010).* Defendant was arrested as an internet traveler for sex with a minor, and his car could be inventoried because it was seized pursuant to policy when defendant, an out-of-towner, was arrested...continue to full post

Full post as published by Fourth Amendment on March 08, 2010 (boomark / email).