The Protective Sweep
The protective sweep is when officers have legally gained access inside a home or other premises, and then develop an articulable reason why they (or someone else in the home) may be in danger from some immediate threat then present. In an attempt to locate the threat the officers can then search in places where a person might be hiding (not in drawers, cabinets, etc.).
If at any time, during the protective sweep, evidence is found in plain sight, the officer(s) may collect this evidence. However, if the evidence is not in plain sight, it legally cannot be used against the party without a search warrant; therefore, the officers cannot go looking through drawers etc for evidence.
Posted by: J. Michael Threadgill on 2/21/2008
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| Located in Fort Bend, Texas, J. Michael Threadgill represents clients in a range of criminal defense and family law matters. The firm proudly serves Texas cities including Houston, Pasadena, Beaumont, Sugar Land, Baytown, League City, Missouri City, Friendswood, Webster, Texas City, Alvin, Angleton, Pearland, Richmond, Galveston, Conroe, The Woodlands, Rosenberg, Katy, Pasadena, La Porte, Morton, and Deer Park, as well as the counties of Harris, Galveston, Fort Bend, Brazoria, Montgomery, Victoria, Chambers, Colorado, Liberty, and Jefferson.
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Law Office of J. Michael Threadgill
14090 Southwest Freeway, Suite 300 #139
Sugar Land, TX 77478
Tel: 713-425-4958
Fax: (281)499-3811
mthreadgill@threadgill-law.com
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