United States Fifth Circuit

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US v. Scroggins, 08-10966

Defendant's firearm possession conviction is affirmed where: 1) the district court did not clearly in err in finding that defendant's fiancee consented, at least implicitly, to the officers entering defendant's home; 2) the officers were justified in conducting a protective sweep upon entry due to potential danger; and 3) if a protective sweep for potentially dangerous individuals located such an individual, police could detain and frisk the subject, and, if necessary, temporarily handcuff or otherwise reasonably immobilize him.

Appellate Information

  • Decided 03/04/2010
  • Published 03/04/2010


  • JENNIFER WALKER ELROD, Circuit Judge:, Before BENAVIDES, DENNIS, and ELROD, Circuit Judges.


  • United States Fifth Circuit