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E.D.Tenn.: Protective sweep of outbuilding during execution of arrest warrant was reasonable

By John Wesley Hall, Jr.

Officers present with an arrest warrant also did a protective sweep of an outbuilding on defendant’s property was justified by reasonable suspicion that another person could have been there. United States v. Carpenter, 2011 U.S. Dist. LEXIS 16862 (E.D. Tenn. January 11, 2011).* Officers came upon a group of men standing in a parking lot, but it was non-confrontational and nobody was asked for their ID. Officers then developed reason to believe that one of them could have been armed, and that justified a frisk of that man. United States v. Tuggle, 2010 U.S. Dist. LEXIS 141528 (W.D. Tenn. December 30, 2010).* Defendant’s Franks challenge fails because the omitted information had nothing to do with the probable cause that already existed...continue to full post

Full post as published by Fourth Amendment on February 25, 2011 (boomark / email).