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?


Asked on 4/01/11, 12:00 am

2 Answers from Attorneys

ERNEST BIANDO LAW OFFICE OF ERNEST T. BIANDO, LLC

Look up Exigent circumstances

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Answered on 4/01/11, 7:49 am
Daniel Gindes Law Office of Daniel Gindes

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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Answered on 4/01/11, 8:02 am


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