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OR: Armed fugititve justified protective sweep of premises were defendant was stopped outside with RS

By John Wesley Hall, Jr.

Entry for protective sweep was justified by fear that there were armed fugitives inside, and getting a warrant was no option. State v. Guggenmos, 2009 Ore. App. LEXIS 66 (February 11, 2009): However, securing the premises and obtaining a warrant was not a reasonable option in this situation, because the third officer, Morrison, remained inside the house with Tidwell. Mogle explained that he "went back upstairs to clear the upstairs because my other officer was up there by himself." Thus, Mogle had to reenter the house and check the upstairs rooms--without delay--in order to prevent what he reasonably (but, in the event, wrongly) perceived as an immediate threat to Morrison from named persons whom he knew to be wanted individuals involved with drugs...continue to full post

Full post as published by Fourth Amendment on February 17, 2009 (boomark / email).