United States v. Alatorre, No. 16-4184 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence found in plain view during a warrantless search of his home. The court held that the officers were justified in conducting the protective sweep of defendant's residence before removing him from the porch in order to find other persons that might be inside. The court also held that the officers conducted the protective sweep in a constitutional manner because it lasted only two minutes and was confined to places large enough to hide a person. Because the protective sweep of defendant's residence passed constitutional muster, the fruits of that valid sweep were untainted.
Court Description: Shepherd, Author, with Riley and Beam, Circuit Judges] Criminal Case - suppression. A protective sweep of the inside of the house while defendant was safely secured outside on the porch was reasonable under the circumstances, lasted only two minutes, and was confined to places large enough to hide a person. The protective sweep of the residence passed constitutional muster and the fruits of that valid sweep are untainted. The district court did not clearly err in denying motion to suppress.
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