Illegal protective sweep

US v. Walker, No. 05-2287 (10th Cir. January 31, 2007)

Denial of a motion to suppress evidence in a prosecution for being a felon in possession of firearms and ammunition is reversed and remanded where: 1) a warrantless protective sweep of defendant's home after he had been handcuffed and removed to the porch may have been impermissible because defendant had not yet been arrested when the sweep was conducted, for purposes of being incident-to-arrest; but 2) a remand is necessary to determine whether the sweep was proper under the exigent-circumstances doctrine based on a threat to the victim's safety. http://laws.lp.findlaw.com/10th/052287.html