United States v. Bagley

by
This appeal involved a protective sweep of a house incident to the arrest of one of its occupants, defendant-appellant Stephen Bagley. The protective sweep yielded items that allowed law enforcement officials to obtain a search warrant for the entire house. Executing this warrant, officials found incriminating evidence. Bagley was a convicted felon who was named in an arrest warrant for violating the terms of his supervised release. Bagley moved to suppress the evidence, arguing that the protective sweep had gone too far. The district court denied the motion. The Tenth Circuit, after review of the district court record, concluded the protective sweep under the circumstances of this case was not permissible under the Fourth Amendment. View "United States v. Bagley" on Justia Law