Fishbein Ex Rel. Fishbein v. City of Glenwood Springs

McCONNELL, Circuit Judge.

Glenwood Springs, Colorado, police officers claim their warrantless intrusion into the home of Mark and Shelley Fishbein was necessary to protect officers’ safety. Mr. and Mrs. Fishbein claim the search violated the Fourth Amendment. While officers may not perform so-called protective sweeps simply as a matter of course, we conclude here that the defendant police officers reasonably believed they faced an imminent threat to their safety sufficient to justify their incursion. We REVERSE the judgment of the district court.

I. Background

Shortly after noon on August 15,…