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LA5: Presence of two felons justified protective sweep

By John Wesley Hall, Jr.

Protective sweep under Buie was justified by belief there were two felons present. Plain view of gun was valid. State v. Hicks, 2008 La. App. LEXIS 1706 (5th Cir. December 16, 2008).* Record supports the trial court's conclusion defendant consented to the search of his car. People v. Visich, 2008 NY Slip Op 10029. 2008 N.Y. App. Div. LEXIS 9703 (2d Dept. December 16, 2008).* Officers watched defendant purchase psuedo three times and then he committed a traffic violation. PC for a search of the car was present by the plain view of the psuedo he saw on the dashboard. Vafaiyan v. State, 2008 Tex. App. LEXIS 9501 (Tex. App. – Ft. Worth December 18, 2008).*

Full post as published by Fourth Amendment on December 24, 2008 (boomark / email).