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U.S. v. Gandia, No. 04-6477-cr (2nd Cir.) (424 F.3d 255) (September 19, 2005) (Judge Robert D. Sack)

The Second Circuit held that the "protective sweep" exception to the warrant requirement, recognized in Maryland v. Buie, 494 U.S. 325 (1990), does not automatically allow the police to ramble through a suspect's home to look for 3rd parties whenever the police are present in the home; rather, such sweeps ...

 

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