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Presence of others justified protective sweep

By John Wesley Hall, Jr.

Protective sweep was justified at the time of arrest beause of others potentially being present. United States v. Best, 2008 U.S. Dist. LEXIS 84984 (M.D. Pa. October 22, 2008).* Without an intervening change in the law, defendant cannot relitigate on post-conviction his search and seizure claim alreay denied by the court and affirmed on appeal. Dumas v. United States, 2008 U.S. Dist. LEXIS 84772 (W.D. N.C. August 8, 2008).* Forfeiture claimant sought to show he had an exclusionary rule claim as a defense to a forfeiture to show his excusable neglect. Here, the search was consented to, so he loses on that claim. United States v. One Piece of Real Property Located at 15010 S.W. 168th Street, Miami, FL, 2008 U.S. Dist. LEXIS 84542 (S.D. Fla. March 6, 2008)...continue to full post

Full post as published by Fourth Amendment on October 24, 2008 (boomark / email).