· 12/23/2013
United States v. Fernell Starnes
Citations
- 741 F.3d 804
- 2013 WL 6731784
- 2013 U.S. App. LEXIS 25588
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that the potential for an ambush in a confined and unfamiliar setting is precisely the situation in which an officer might need to perform a protective sweep
- recognizing the potential of ambush as a legitimate reason to perform a protective sweep
- “Thus the constitutionality of a protective sweep does not depend on whether that sweep is incidental to a search warrant, an arrest warrant, or a consensual search.”
- “Thus the constitu‐ tionality of a protective sweep does not depend on whether that sweep is incidental to a search warrant, an arrest warrant, or a consensual search.”
- these factors included a shooting at the residence hours before the planned raid; two aggressive pit bulls on the premises; other apartment doors open indicating the possible presence of others; and occupants of the targeted apartment alerted by gunfire
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Rovner, Williams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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