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Protective sweep was unjustified after arrest outside

By John Wesley Hall, Jr.

Defendant was arrested outside. Protective sweep was unjustified because officers lacked any objective reason to believe that there were others inside. United States v. Wilcox, 2008 U.S. Dist. LEXIS 6353 (D. Utah January 29, 2008): More importantly, Ritchie and the arrest area were all outside the home from the moment officers arrived. Officers entered and searched inside the home. Although an inside search may follow an outside arrest, there still must be a reasonable belief that the arrest area harbors an individual who poses a danger to the officers. Buie, 494 U.S. 325; Owens, 782 F.2d at 151. An officer's lack of information as to what is inside a home does not validate an in-home search when the arrest occurs outside. Buie, 494 U.S. 325; Colbert, 76 F...continue to full post

Full post as published by Fourth Amendment on January 31, 2008 (boomark / email).