United States Tenth Circuit

A protective sweep by police is only valid when performed incident to an arrest, and such sweeps are not allowed based solely on reasonable suspicion that officers' safety is at risk.

Appellate Information

• Decided 12/12/2006
• Published 12/13/2006

Judges

• PAUL KELLY, JR., Circuit Judge., Before TACHA, Chief Judge, KELLY, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Sasha Siemel, (Laura Fashing, Assistant United States Attorney and David C. Iglesias, United States Attorney, on the brief), Albuquerque, NM, for Plaintiff-Appellee., Phillip P. Medrano, Assistant Federal Public Defender, Albuquerque, NM, for Defendant-Appellant.