Legal Question in Criminal Law in Massachusetts
Can police conduct protective sweep, even when there was no threat, not a search incident to an arrest, no search warrant, there was a shotting victim stood inside doorway was bleeding cop didntt ask for permission to enter, nor did he have gun drawn to show he felt imminent danger? doesnt a protective sweep consist of a cursory (visual) inspection of place a person may hide? Are police allowed to search dirty clothes on chair in kitchen during sweep though perps didnt pass the living room?
2 Answers from Attorneys
Look up Exigent circumstances
This is a very fact specific inquiry. It is impossible to answer your question without looking at a police report. Even then, depending on the facts, it may eventually be up to a judge to decide (depending on what was seized, if anything).
DanGindes
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