Criminal Law : Warrantless Search – Protective Sweep

Where a defendant challenged a protective sweep of his home arguing that he had already been secured on the front porch, the judgment is affirmed because the officers had a reasonable belief that additional people could be inside the residence, guns and other weapons were conceivably present based on the defendant’s history, and the officers were in a vulnerable position on the front porch.

Judgment is affirmed.

U.S. v. Alatorre (MLW No. 70784/Case No. 16-4184 – 9 pages) (U.S. Court of Appeals, 8^th Circuit, Shepherd, J.) Appealed from U.S. District Court, District of Nebraska, Camp, J. (Jennifer L. Gilg and Karen Marie Shanahan, Omaha, Nebraska, for appellant) (Thomas J. Kangior, Omaha, Nebraska, for appellee).

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