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S.D.N.Y.: Arrest task force's protective sweep of house unjustified or excessive

By John Wesley Hall, Jr.

Arrest task force team searched defendant’s house without a search warrant, and it is suppressed. No theory for exigency works for the government. The protective sweep, even if valid, was excessive. United States v. Barone, 2010 U.S. Dist. LEXIS 63486 (S.D. N.Y. June 25, 2010)*: In this case, because the Task Force arrest team searched Barone's home without a warrant, the government must establish that one of the recognized exceptions to the warrant requirement applies. We therefore analyze the constitutionality of the agents' conduct as follows. First, we assess the basis for the entry and search of Barone's home following his arrest in the driveway. We find that, because the entry and initial search cannot be justified under either strand of the "protective sweep" doctrine -- or under any other exception to the warrant requirement -- that entry violated Barone's constitutional rights...continue to full post

Full post as published by Fourth Amendment on June 30, 2010 (boomark / email).