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Criminal Law
: Fourth AmendmentLook into garage attic was justified under protective sweep
By John Wesley Hall, Jr.
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Looking in the attic above a garage was justified by protective sweep. Police responded to a shots fired call and found no one who could have fired the shot. United States v. Bradford, 2008 U.S. Dist. LEXIS 63906 (N.D. Iowa August 12, 2008).*
Probable cause was lacking, but not so lacking that a reasonable officer could not rely on the warrant. United States v. Byers, 2008 U.S. Dist. LEXIS 63904 (M.D. N.C. August 20, 2008).*
Officer discovered an out-of-state warrant for a person he stopped in a traffic offense, and that justified a patdown and handcuffing. United States v. Boyce, 2008 U.S. Dist. LEXIS 63944 (N.D. Ind. August 20, 2008).*Full post as published by Fourth Amendment on August 23, 2008 (boomark / email).
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