Skip to main content
· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.