protective sweep exception (Kentucky) · Go Syfert
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protective sweep exception in Kentucky

12 Kentucky opinions name it 2 courts 1986–2025 3 in the last five years

The cases below were cited by Kentucky courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Mincey v. Arizonagreen
scotus · 1978 · cited in 3 Kentucky opinions naming this issue, 2017–2017
2 sentences

2017These three exceptions provide that the 7 UJ:?.reasonabl~ness of a warrantless search can be overcome by "'the exigencies of the situation' [which may] make the needs of law enforcement so compelling that the warrantless search is objectively reasonable." Mincey v. Arizona, 437 U.S. 385, 393-394 (1978).

2017These three exceptions provide that the 7 UJ:?.reasonabl~ness of a warrantless search can be overcome by "'the exigencies of the situation' [which may] make the needs of law enforcement so compelling that the warrantless search is objectively reasonable." Mincey v. Arizona, 437 U.S. 385, 393-394 (1978).

23
Guzman v. Commonwealthgreen
ky · 2012 · cited in 2 Kentucky opinions naming this issue, 2014–2025
2 sentences

2025Pace, 529 S.W.3d at 754 (citing Buie, 494 U.S. at 333-35 , 110 S. Ct. 1093 ; Guzman v. Commonwealth, 375 S.W.3d 805, 808 (Ky. 2012)).

2014See Guzman v. Commonwealth, 375 S.W.3d 805, 807 (Ky. 2012) (noting this Court’s prior recognition of the protective sweep exception to the warrant requirement in Commonwealth v. Elliott, 714 S.W.2d 494, 496 (Ky.App.1986)).

22
Pace v. Commonwealthgreen
ky · 2017 · cited in 1 Kentucky opinions naming this issue, 2025–2025
2 sentences

2025Pace, 529 S.W.3d at 754 (citing Buie, 494 U.S. at 333-35 , 110 S. Ct. 1093 ; Guzman v. Commonwealth, 375 S.W.3d 805, 808 (Ky. 2012)).

2025The plain view exception and the protective sweep exception are “well-established exceptions to the warrant requirement.” Pace v. Commonwealth, 529 S.W.3d 747, 753 (Ky. 2017) (citing Coolidge v. New Hampshire, 403 U.S. 443 , 91 S. Ct. 2022 , 29 L.

11
Commonwealth v. Elliottgreen
kyctapp · 1986 · cited in 1 Kentucky opinions naming this issue, 2014–2014
1 sentence

2014See Guzman v. Commonwealth, 375 S.W.3d 805, 807 (Ky. 2012) (noting this Court’s prior recognition of the protective sweep exception to the warrant requirement in Commonwealth v. Elliott, 714 S.W.2d 494, 496 (Ky.App.1986)).

11
United States v. James C. Hatcher, United States of America v. Haralabos Manetasgreen
ca6 · 1982 · cited in 1 Kentucky opinions naming this issue, 1986–1986
2 sentences

1986See U.S. v. Hatcher, 680 F.2d 438, 444 (6th Cir.1982); U.S. v. Killebrew, 560 F.2d 729 (6th Cir.1977).

1986See U.S. v. Hatcher, 680 F.2d 438, 444 (6th Cir.1982); U.S. v. Killebrew, 560 F.2d 729 (6th Cir.1977).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
Maryland v. Buie green
scotus · 1990
2 sentences

2022To ensure the safety of law enforcement personnel present, including those who had secured Burse and were removing him from the home and leading him away from the home, the officers engaged in a “protective sweep.” The protective sweep doctrine was first articulated by the United States Supreme Court in Maryland v. Buie, 494 U.S. 325, 327 , 110 S. Ct. 1093, 1094 , 108 L.

2022To ensure the safety of law enforcement personnel present, including those who had secured Burse and were removing him from the home and leading him away from the home, the officers engaged in a “protective sweep.” The protective sweep doctrine was first articulated by the United States Supreme Court in Maryland v. Buie, 494 U.S. 325, 327 , 110 S. Ct. 1093, 1094 , 108 L.

72015–2025
Thomas L. Feathers Kathleen Feathers v. William Aey J.P. Donohue, City of Akron green
ca6 · 2003
2 sentences

2021“However, determinative information must relate to the purpose for which -8- the protective sweep exception was created.” Id.

2015“However, determinative information must relate to the purpose for which the protective sweep exception was created.” Id.

32015–2021
Brigham City v. Stuart green
scotus · 2006
2 sentences

2017I Exigencies Due to both the trial court and Court of Appeals' holdings, the three following well-established exceptions to the warrant requirement are at issue: (1) the protective sweep exception fashioned in Maryland v. Buie, 494 U.S. 325 (1990); (.2) the emergency aid exception articulated iri Brigham City v. Stuart, 547 U.S. 398 (2006); and (3) the plain view exception delineated in Coolidge v. New Hampshire; 403 u:s. 443 (1971).

2017I Exigencies Due to both the trial court and Court of Appeals' holdings, the three following well-established exceptions to the warrant requirement are at issue: (1) the protective sweep exception fashioned in Maryland v. Buie, 494 U.S. 325 (1990); (.2) the emergency aid exception articulated iri Brigham City v. Stuart, 547 U.S. 398 (2006); and (3) the plain view exception delineated in Coolidge v. New Hampshire; 403 u:s. 443 (1971).

32017–2017
Coolidge v. New Hampshire green
scotus · 1971
2 sentences

2025The plain view exception and the protective sweep exception are “well-established exceptions to the warrant requirement.” Pace v. Commonwealth, 529 S.W.3d 747, 753 (Ky. 2017) (citing Coolidge v. New Hampshire, 403 U.S. 443 , 91 S. Ct. 2022 , 29 L.

2025The plain view exception and the protective sweep exception are “well-established exceptions to the warrant requirement.” Pace v. Commonwealth, 529 S.W.3d 747, 753 (Ky. 2017) (citing Coolidge v. New Hampshire, 403 U.S. 443 , 91 S. Ct. 2022 , 29 L.

22017–2025
Brown v. Commonwealth green
kyctapp · 2014
1 sentence

2022“In other words, the suspected presence of persons, not merely of firearms, is the essential and overriding element behind the protective sweep exception; and that element is -16- lacking in this case.” Id. at 771 .

12022–2022
Nix v. Williams green
scotus · 1984
2 sentences

2019Finally, we dispense with the Commonwealth's contention the seized evidence was admissible under the doctrine of inevitable discovery. *123 Under the inevitable discovery rule, it is permissible to admit "evidence unlawfully obtained upon proof by a preponderance of the evidence that the same evidence would have been inevitably discovered by lawful means." Hughes v. Commonwealth , 87 S.W.3d 850 , 853 (Ky. 2002) ( citing Nix v. Williams , 467 U.S. 431 , 104 S.Ct. 2501 , 81 L.Ed.2d 377 (1984) ).

2019Finally, we dispense with the Commonwealth's contention the seized evidence was admissible under the doctrine of inevitable discovery. *123 Under the inevitable discovery rule, it is permissible to admit "evidence unlawfully obtained upon proof by a preponderance of the evidence that the same evidence would have been inevitably discovered by lawful means." Hughes v. Commonwealth , 87 S.W.3d 850 , 853 (Ky. 2002) ( citing Nix v. Williams , 467 U.S. 431 , 104 S.Ct. 2501 , 81 L.Ed.2d 377 (1984) ).

12019–2019
Hughes v. Commonwealth green
ky · 2002
1 sentence

2019Finally, we dispense with the Commonwealth's contention the seized evidence was admissible under the doctrine of inevitable discovery. *123 Under the inevitable discovery rule, it is permissible to admit "evidence unlawfully obtained upon proof by a preponderance of the evidence that the same evidence would have been inevitably discovered by lawful means." Hughes v. Commonwealth , 87 S.W.3d 850 , 853 (Ky. 2002) ( citing Nix v. Williams , 467 U.S. 431 , 104 S.Ct. 2501 , 81 L.Ed.2d 377 (1984) ).

12019–2019
United States v. Lorenzo Cortez Colbert green
ca6 · 1996
1 sentence

2013Archibald, 589 F.3d at 299 (citing Colbert, 76 F.3d at 777 ).

12013–2013
United States v. Archibald green
ca6 · 2009
1 sentence

2013Archibald, 589 F.3d at 299 (citing Colbert, 76 F.3d at 777 ).

12013–2013
United States v. Gerald Killebrew green
ca6 · 1977
2 sentences

1986See U.S. v. Hatcher, 680 F.2d 438, 444 (6th Cir.1982); U.S. v. Killebrew, 560 F.2d 729 (6th Cir.1977).

1986See U.S. v. Hatcher, 680 F.2d 438, 444 (6th Cir.1982); U.S. v. Killebrew, 560 F.2d 729 (6th Cir.1977).

11986–1986

Where else courts name it

NJ 19 (2010–2026) CA 17 (1983–2023) KY 12 (1986–2025) PA 11 (1982–2026) TX 11 (2004–2026) OH 8 (2008–2025) WI 7 (2000–2021) VA 5 (2007–2026) WA 5 (2017–2020) IN 4 (1991–2019) NM 4 (1995–2017) ID 3 (1999–2026) NY 3 (2002–2011) WV 3 (2013–2014) IL 3 (1995–2010) MI 2 (2025–2025) DE 2 (2017–2023) OR 2 (1999–2007) AZ 2 (2010–2011) CT 2 (2014–2019) MA 2 (2002–2007)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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