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D.Mass.: All confederates were accounted for, protective sweep was unreasonable

By John Wesley Hall, Jr.

Officers "had no basis before conducting the 'security sweep' to believe that a dangerous confederate of the defendants was hiding inside the premises of 55 Dunstable Road. In fact, they had no basis for believing that anyone at all was inside the house, as all of the targets of the investigation had been accounted for." The court notes that a "security sweep" would be permitted on reasonable suspicion that a confederate was inside and armed, even on an arrest outside. United States v. Yoeung Eng, 2008 U.S. Dist. LEXIS 57730 (D. Mass. July 30, 2008): 6. Buie also permits a safety sweep in circumstances where officers have reason to fear that they are in imminent danger from the occupants of a dwelling even though the arrest (or a detention) occurs just outside the dwelling...continue to full post

Full post as published by Fourth Amendment on August 06, 2008 (boomark / email).