State v. Kruse

The state appeals an order suppressing evidence seized as a result of a warrantless search of Paul Kruse's bedroom closet and a second search pursuant to a search warrant based upon the fruits of the first search. The state contends that the trial court erred by concluding that the initial search violated Kruse's constitutional right to be free from unreasonable searches and seizures. The state argues that the search of Kruse's bedroom closet weis a valid protective sweep conducted incident to Kruse's lawful Eirrest or, in the Edternative, the officers' reasonable suspicion that their SEifety…