When police execute an arrest warrant in Massachusetts, they may conduct a protective sweep of the area if they have a reasonable belief that the area could harbor a dangerous individual. Some of the factors to be considered in whether the sweep of the general area is based on reasonable suspicion include:
- the violence implicit in the crime for which the person is sought and in his criminal history;
- the location of the arrest in relation to the area to be swept;
- resistance or cooperation by the defendant at the time of arrest; &
- presence or the suspicion of presence of other individuals in the area.
Commonwealth v. Saywahn, 16-P-1098 (2017). If you or someone you know is facing criminal charges, contact Criminal Defense Lawyer Shane W. Surrette at (774) 364-4605 or at [email protected] today.