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Sunday, November 20, 2016

State v. Charles Bryant, Jr. (A-2-15

 State v. Charles Bryant, Jr. (A-2-15; 075958) 

The officers here lacked reasonable and articulable suspicion that another party was present, much less that another party posed a danger to officer safety. The protective sweep was thus insufficient to establish an exception to the warrant requirement, and any evidence found as a result of that sweep—even if it was found in plain view—must be excluded and suppressed as fruit of the poisonous tree.