State v. McCall
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The Supreme Court affirmed in part and vacated in part the order of the district court granting Defendant's motion to suppress evidence found as a result of and during a protective sweep, holding that a protective sweep does not require a prior arrest.
In granting Defendant's motion to dismiss, the district court determined that the officers did not have an appropriate basis for the protective sweep and that the sweep was per se unconstitutional because it was not preceded by an arrest. The district court concluded that the search was not a lawful protective sweep because it was not based on articulable facts supporting a reasonable belief that the premises harbored a dangerous individual. The Supreme Court affirmed in part and vacated in part, holding that because the district court did not indicate the specific evidence that was improperly seized as a result of the protective sweep or as its fruit, remand was required for clarification of the evidence that fell within the scope of the suppression order and which items were properly seized by law enforcement.
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