Sweep too sweeping
CHICAGO — The Seventh Circuit rules that an Illinois federal court improperly convicted a defendant for being a felon in possession of a firearm and possession of fentanyl with intent to distribute. He was arrested at his girlfriend’s mom’s place, where police conducted a protective sweep and found a loaded firearm under a mattress and also found drugs. Lifting the mattress to find a gun was outside the scope of the protective sweep, and because police lacked reasonable suspicion, the good faith exception does not apply.
Read the ruling here.
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