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Possible gun is not grounds for protective sweep; a sweep is aimed at locating people

By John Wesley Hall, Jr.

Defendant was a police officer, so he "cannot reasonably argue that he was vulnerable in any way or did not understand the rights he was giving up. He was fully aware that he could force the officers to obtain a warrant before they searched his home, but he chose not to." The mere fact of a gun on the premises is not cause for a protective sweep because it is limited to looking for people. State v. Evans, 2008 Ohio 2032, 2008 Ohio App. LEXIS 1735 (8th Dist. May 1, 2008). "[A] method of drug delivery described by the confidential informant" was sufficient to show a nexus to defendant's property to support a search warrant. Commonwealth v. Pina, 2008 Mass. App. LEXIS 469 (May 1, 2008).* Miranda violation under Oregon law compels suppression of everything that results from it...continue to full post

Full post as published by Fourth Amendment on May 05, 2008 (boomark / email).