“Describing these factors as a threat to ‘officer safety,’ the agents demanded access to the home to conduct a ‘protective sweep,’ during which ammunition and drugs were found. A district court denied Mongold’s motion to suppress the evidence. The US. Tenth Circuit Court of Appeals overturned the district court and suppressed the evidence, noting that the ATF agents ‘could most easily have protected the officers’ safety by leaving [the] home, not by entering it.’ The Tenth Circuit quite sensibly slapped down this cynical argument for a warrantless search, but it was careful to specify that its sensible ruling is not to be used as a precedent.”

http://prolibertate.us/index.php/inventing-pretexts-to-ignore-the?blog=7

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