Summary
In Stout, drug paraphernalia evidence was sought to be suppressed that was obtained as a result of a "protective sweep."
Summary of this case from Moore v. City of DesotoOpinion
No. 08-51015 Summary Calendar.
July 20, 2009.
Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.
James Steven Hershberger, Midland, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Western District of Texas, USDC No. 7:08-CR-88-1.
Before SMITH, STEWART and SOUTHWICK, Circuit Judges.
Roger Allan Stout pleaded guilty to possessing pseudoephedrine with intent to manufacture methamphetamine and was sentenced to 87 months of imprisonment and three years of supervised release. He appeals from the district court's denial of his motion to suppress the evidence obtained during a warrantless search of his trailer home immediately following his arrest just outside of the home. He specifically argues that: (1) the search of his trailer was not incident to his arrest because he was arrested outside of his trailer; (2) no exigent circumstances existed and there was no articulable suspicion that another person was inside the trailer; and (3) the protective sweep was excessive.
The protective sweep of Stout's home was permissible because he was arrested just outside of the home and it was possible that another individual could have been inside the home who posed a threat to the officers's safety. See United States v. Charles, 469 F.3d 402, 405 (5th Cir. 2006); United States v. Watson, 273 F.3d 599, 603 (5th Cir. 2001). Moreover, the protective sweep in the instant case had an extremely limited duration and did not last longer than necessary. See Charles, 469 F.3d at 405. Accordingly, after viewing the evidence in the light most favorable to the government, we have determined that the district court did not err in denying Stout's motion to suppress. See id. AFFIRMED.