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Criminal Law

: Fourth Amendment

Arrest outside a building permitted a protective sweep inside

By John Wesley Hall, Jr.

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Officers investigating a shooting who arrested defendant could conduct a protective sweep of an adjacent building where the officers had facts that justified the conclusion that somebody could be there to "launch an attack" as in Buie. United States v. Dutchie, 2008 U.S. Dist. LEXIS 66823 (D. Utah September 2, 2008).* Class certification denied for an Iowa strip search lawsuit because, inter alia, the questions do not sufficient predominate to resolve the action. Rattray v. Woodbury County, 2008 U.S. Dist. LEXIS 66922 (N.D. Iowa September 2, 2008).* Defendant should have filed his motion to suppress before trial because the material he needed to file the motions was present then, not later as contended. Also, the fact the trial court ruled on the motion does not obviate the waiver question...continue to full post

Full post as published by Fourth Amendment on September 05, 2008 (boomark / email).

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