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S.D.Tex.: Shots fired call justified a protective sweep

By John Wesley Hall, Jr.

Police received a shots fired call and came to defendant's property, and could ID him as the source. They thus had authority to conduct a protective sweep of the premises for possible victims, which defendant conceded at the hearing. United States v. Martinez, 2009 U.S. Dist. LEXIS 88407 (S.D. Tex. September 25, 2009).* Defendant was stopped for a seat belt violation, and the smell of marijuana wafted from the car. The officer asked why he could smell marijuana, and the defendant handed him a joint. The officer asked if there was more in the car, and the defendant said that there was at his house, which he then consented to. United States v. Thomas, 2009 U.S. Dist. LEXIS 88618 (W.D. Tenn. July 20, 2009).* Seizure of pornographic magazines in a sex assault case were proper and within the scope of the search warrant...continue to full post

Full post as published by Fourth Amendment on September 29, 2009 (boomark / email).