Legal Opinion

United States v. Bagley

Court of Appeals for the Tenth Circuit

Decided December 18, 2017No. 16-3305PublishedCited by 5 opinions

1Opinion of the Court

BACHARACH, Circuit Judge.

This appeal involves a protective sweep ■ of a house incident to the arrest of one of its occupants, Mr.'Stephen -Bagley. Our precedents limit protective sweeps to the area immediately adjacent to the place of arrest in the absence of specific, articula-ble information that a dangerous person remains in the house. In this ease, law enforcement officials conducted a protective sweep of the entire house without any information suggesting that someone else remained inside.

The protective sweep yielded items that allowed law enforcement officials to obtain a search warrant…

2Cases cited18 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Wong Sun v. United StatesSupreme Court of the United States · 1963
  3. United States v. LeonSupreme Court of the United States · 1984
  4. California v. Hodari D.Supreme Court of the United States · 1991
  5. Maryland v. BuieSupreme Court of the United States · 1990

13 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. United States v. GainesCourt of Appeals for the Tenth Circuit · 2019
  2. Harris v. SharpCourt of Appeals for the Tenth Circuit · 2019
  3. Harris v. BarnesDistrict Court, D. Colorado · 2021
  4. Smith v. City of HobbsDistrict Court, D. New Mexico · 2020
  5. United States v. GainesCourt of Appeals for the Tenth Circuit · 2019

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