US v Serrano-Acevedo 1st CIR (13JUN2018)

US v Serrano-Acevedo 1st CIR (13JUN2018)

US v Serrano-Acevedo 1st CIR (13JUN2018)

LEOs investigating a bank robbery order suspect out of home and then after suspect comes out the officers enter the home and find incriminating evidence of the bank robbery. The defendant sought to suppress the evidence under her exclusionary rule and the government argued the warrantless search was reasonable under both the “Protective Sweep” (Buie Sweep) doctrine and also under consent.¬† The court agreed with the defendant and excluded the evidence.¬† There was no indication at all that there was anyone remaining in the house that presented a danger to the officers and accordingly a protective sweep was not permissible. Furthermore, the consent came after the illegal search and therefore “bears a sufficiently¬†close relationship to the underlying illegality.”

The evidence was excluded. This is a good case to read if you want to brush up on the requirements for making a warrantless entry into a home in order to conduct a protective sweep.

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