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Protective sweep justified by hearing "flush it!" and seeing part of a gun

By John Wesley Hall, Jr.

A protective sweep was justified by hearing somebody inside yell "flush it!" and seeing a receiver to an M-16 rifle during an entry. Officer safety was an issue. United States v. Valladares, 2008 U.S. Dist. LEXIS 96936 (C.D. Cal. November 5, 2008).* Under Milwaukee's trash collection "winter rules," residents are not required to put their trash containers at the curb and city trash collectors are expected to enter upon a householder's property to retrieve it. Therefore, defendant did not have a reasonable expectation of privacy in trash on the curtilage on trash day. United States v. Simms, 2008 U.S. Dist. LEXIS 96883 (E.D. Wis. August 26, 2008).* Conflict in the government's own witness's testimony made the unable to conclude that the defendant consented to seizure of papers off his person or any other exception to the warrant requirement...continue to full post

Full post as published by Fourth Amendment on December 02, 2008 (boomark / email).