Protective sweep of residence is valid only when performed incident to arrest
SEARCH & SEIZURE United States v. Torres-Castro, No. 05-2357, ___ F.3d ___ (10th Cir. Dec. 12, 2006)(New Mexico). Appeal of convictions for possession of unregistered firearm (sawed-off shotgun) and possession of firearm by illegal alien in violation of 26 U.S.C. §§ 5481, 5681(d) & 5871 and 18 U.S.C. §§ 922(g)(5) & 924(a)(2). HELD: Despite contrary holding of majority of other circuits, until en banc decision of Tenth Circuit determines otherwise, protective sweep is only valid when performed incident to arrest, not during consensual encounter in residence where police officers have reasonable fear for safety. Read the opinion here. |
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