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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Criminal Law : Warrantless Search – Protective Sweep

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, 8th 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).

Read the full text of this opinion. (PDF)