Juan Guerrero v. United States
FourthAmendment
1. Whether the First Circuit erred in reversing the District Court's suppression
ruling by holding that an officer's actual fear for their safety is not required for a
protective sweep of a vehicle to be reasonable under the Fourth Amendment,
thereby abrogating United States v. Lott, 870 F.2d 778 (1st Cir. 1989), and
conflicting with other Circuit Courts and U.S. Supreme Court precedent.
2. Whether a district court's first-hand review of multiple-angle body camera
footage, which directly contradicted officers' testimony regarding the motivation for
a warrantless search, should be afforded greater deference on appeal than the
circuit court's de novo review.
Whether the First Circuit erred in reversing the District Court's suppression ruling by holding that an officer's actual fear for their safety is not required for a protective sweep of a vehicle to be reasonable under the Fourth Amendment