Search and Seizure — protective sweeps

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U.S. Court of Appeals for the Seventh Circuit

Criminal

Search and Seizure — protective sweeps

Where the protective sweep by a SWAT team was reasonable, the district court properly denied the defendant’s motion to suppress evidence seized during the sweep.

“[T]he duration and scope of the protective sweep in this case were reasonable. The SWAT team entered the house within ten minutes of detaining Henderson. Unable to operate the front door lock with the keys found on Henderson, the SWAT team forced their way into the house through the back door. Once inside, they secured the premises to ensure nobody remained in the house, victim or assailant. The sweep was cursory and lasted no longer than five minutes. SWAT officer Graber testified that the sweep was “probably five—no more than five minutes” and “nothing was touched or moved.” Other than the SWAT team, the South Bend Police Department remained outside until the court issued the search warrant and a full search was feasible. The district court did not err in denying Henderson’s motion to suppress.”

Affirmed.

13-2843 U.S. v. Henderson

Appeal from the United States District Court for the Northern District of Indiana, Miller, J., Bauer, J.