Protective Sweep of Locked Basement Allowed

Police officers executing an arrest warrant in a residence didn’t violate the Fourth Amendment when they extended their protective sweep of the premises by unlocking a basement door to make sure no one was hiding there, the U.S. Court of Appeals for the Seventh Circuit ruled Oct. 20. (United States v. Schmitt, 2014 BL 294119, 7th Cir., No. 13-2894)

The court found the officers’ apprehension justified because multiple people had been seen in the house, and it rejected an argument that any threat to the officers was negated by the fact that the basement door was locked from ...