Is a search of a car by a search warrant justified as a protective sweep incident to a lawful arrest?
MultiRegion, United States of America
The following excerpt is from U.S. v. Swearingen, 56 F.3d 75 (9th Cir. 1995):
4 In the alternative, the district court found that the search of the car was justified as a protective sweep incident to a lawful arrest under Michigan v. Long, 463 U.S. 1032, 1949-50 (1983). We do not review this finding, as we hold that the search was independently justified by probable cause.
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