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S.D.Ind.: Protective sweep after arrest was proper because of the sound of movement inside

By John Wesley Hall, Jr.

Protective sweep of defendant's house was proper after his arrest when he took a few minutes to get to the door and officers could hear movement inside. The fact he was handcuffed and under arrest and could be removed was not determinative. United States v. Moore, 2009 U.S. Dist. LEXIS 68452 (N.D. Ind. August 4, 2009): The officers in this case arrived at Moore's residence to serve an arrest warrant on a misdemeanor. Both officers testified that while it took Moore several minutes to respond to the knock on the door, he eventually answered the door and was placed under arrest without incident. However, the officers further testified that they heard "movement" coming from the back of the house prior to Moore opening the door and that Moore had approached the door from the back of the house, returned there and then came back and answered the door...continue to full post

Full post as published by Fourth Amendment on August 09, 2009 (boomark / email).