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· 4/6/1995

United States v. Paul Edward Hromada

Citations

  • 49 F.3d 685
  • 1995 U.S. App. LEXIS 7737
  • 1995 WL 121051

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a protective sweep was valid where the “purpose of the protective sweep ... was to secure [the home] and investigate the officers’ reasonable suspicion” that others were in the home
  • recognizing that “[g]uns and violence go hand-in-hand with illegal drug operations”
  • noting that guns “are ‘tools of the trade’ in drug trafficking”
  • stating that an arresting officer’s desire to search for evidence of illegal activity in executing protective sweep of defendant’s residence pursuant to in-home arrest was irrelevant to the legality of the search as protective sweep
  • affirmative refusal of entry not required where officers would have to wait in vulnerable position
  • “If an officer has lawfully executed a valid arrest warrant, he is not required to shut his eyes to contraband in plain view in order to accommodate the arrestee’s desire to avoid further charges.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kravitch, Carnes, Hill

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.