Handcuffed defendant was not under arrest. Therefore, deputies’ warrantless entry to home to conduct protective sweep was unlawful

SEARCH & SEIZURE United States v. Walker, No. 05-2287, ___ F.3d ___ (10th Cir. Jan. 31, 2007)(New Mexico). Appeal of conviction for being felon in possession of firearm and ammunition in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). HELD: Defendant who threatened sheriff’s deputies with gun from inside home and was then subdued by deputies and removed to front porch in handcuffs was not under arrest. Therefore, deputies’ protective sweep of interior of residence was not protective sweep incident to arrest. Because deputies’ reentry to home to conduct protective sweep was not incident to arrest, it was improper warrantless entry. Read the opinion here.