Can detectives come into my home to do a "protective security sweep" to make sure no one else is home before the warrant arrives

Miami, FL Viewed 16 times. Posted 21 days ago in Criminal Defense

I was arrested for cultivation of marijuana. The detectives came in without a warrant and din't come up with it untill 4-5 hours later. Now they are saying that they only came in to do a prospective security sweep, and as part of the sweep they went into the grow room which they said was wide open (the door was closed and opened by them). I told them they couldn't come in without a warrant but they did anyway and there was no exigent circumstances.

Answers (2)

Shawn Alan Arnold

This attorney is licensed in Florida and 1 other state. Posted 21 days ago.

Entry and searches of a home are among the most litigated issues in criminal law. In short, the Supreme Court has stated that the sanctity of the home provides more protections against unreasonable search than any other place. The explanation given by the detectives sounds rather suspicious. The question that I have based on the limited facts you provided is how did they get into your house--were they invited in, knock down the front door, sneak in, etc.

Whether there was consent to enter, whether there were exigent circumstances which allowed the entry (extremely rare) or whether they were allowed in consentually will determine whether it was a good search or not.

We have litigated this issue numerous times throughout Florida and Georgia. Choose a law firm that has significant experience with these issues. If we can help, let us know.

Florida Drug Manufacture Defense

Arnold & New Criminal Defense

William Robert Jay

This attorney is licensed in Florida. Posted 21 days ago.

Obviously there are going to be factual disputes between you and law enforcement as to what happened. As the other attorney stated, whether or not their actions will be deemed "legal" is a complex legal analysis which you should have handled by an experienced attorney. Generally speaking, to search one's home,a warrant is required. There are several exceptions, some of which you discussed in your facts (plain view, protective sweep). The best way, I think, to look at the "protective sweep" is to look at it like a "pat down" (Terry stop). They have to have reasons to think your house is dangerous, just as they would have to have grounds to think someone has a weapon, before they do a pat down on them. This is a lesser intrusion than a full search, and therefore requires less justiication. So, yes, they can do a protective sweep of your house and "seize" it while they go and get a warrant--but they will still have to have sufficient grounds to have done so, albeit less than they would need to SEARCH your house without a warrant. This is a very fact specific analysis that your attorney will have to go through.