Does the discovery of methamphetamine and a handgun during a protective sweep constitute evidence of a Fourth Amendment violation?

California, United States of America


The following excerpt is from People v. Larrea, E044296 (Cal. App. 10/27/2008), E044296 (Cal. App. 2008):

Here, the evidence at issue, the methamphetamine and handgun, were not discovered during the protective sweep. Instead, they were discovered during the subsequent search undertaken after defendant voluntarily consented to a search of his residence. Therefore, the decision of whether to suppress the drugs and gun does not depend on the reasonableness of the initial entry into the residence and ensuing protective sweep. (See People v. Weiss (1999) 20 Cal.4th 1073, 1077 [the Fourth Amendment does not bar the admission of evidence "`that has been discovered by means wholly independent of any constitutional violation' "].) Instead, the reasonableness of the search depended on whether defendant's consent was voluntary. As provided ante, the record supports the trial court's finding that defendant's consent was voluntary. Therefore, the trial court properly denied defendant's motion to suppress.

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