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Criminal Law

: Fourth Amendment

LA2: Protective sweep may precede arrest

By John Wesley Hall, Jr.

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A protective sweep was justified along with the arrest of the occupant of a mobile home with an operating meth lab where officers could hear other people inside. A protective sweep may precede an arrest if the circumstances support it. State v. Fenn, 2010 La. App. LEXIS 755 (2d Cir. April 29, 2010), judgment rendered May 20, 2010: An in-home protective sweep may occur after the suspect is arrested. Two Bienville Parish officers were investigating possible methamphetamine activity involving the applicant, whose vehicle was parked outside her residence, a mobile home in Saline, Louisiana. A man answered her door. When the door was opened, the officers smelled the strong odor of solvents, necessary components in the production of methamphetamine...continue to full post

Full post as published by Fourth Amendment on May 25, 2010 (boomark / email).

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