Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

S.D.N.Y.: Looking at a bottle on a shelf exceeded protective sweep

By John Wesley Hall, Jr.

Officers conducting a protective sweep looked up and saw a lactose bottle on a shelf, pulled it down, looked at it, and seized it. This was unreasonable under the protective sweep doctrine. United States v. Guzman, 2010 U.S. Dist. LEXIS 70384 (S.D. N.Y. July 14, 2010). Opening an unmarked pill bottle during an inventory was reasonable. State v. Escoto, 2010 La. LEXIS 1664 (July 6, 2010). While the case law is divided on whether a person not listed on the rental agreement has standing to contest a search of the car, in this case, the defendant made no effort to show standing, so he had none. State v. Jackson, 2010 La. LEXIS 1657 (July 6, 2010).* Defendant failed to show standing in a hallway closet in his apartment building. State v. Harris, 122 Conn...continue to full post

Full post as published by Fourth Amendment on July 16, 2010 (boomark / email).