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Arrest outside a commercial building justified a protective sweep because of the number of people involved

By John Wesley Hall, Jr.

Officers had sufficient justification for a protective sweep of a building after following a truck loaded with marijuana in pottery from the Mexican border to Illinois. When the officers moved in to the commercial property, there were 7-10 men outside, and that was sufficient justification to fear that there might have been others inside the office building. Also, when the truck was starting to leave the scene, the officers were justified in moving in. This was not police created exigency. United States v. Mata, 2008 U.S. App. LEXIS 2966 (5th Cir. February 11, 2008). The defendant contended that the officers lacked probable cause for issuance of a search warrant for fraud. Without getting to the merits of that issue, the court just decided that the good faith exception applies and that's that...continue to full post

Full post as published by Fourth Amendment on February 12, 2008 (boomark / email).