DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
081680P.pdf 03/26/2009 United States v. Fred Green
U.S. Court of Appeals Case No: 08-1680
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Loken, Author, with Beam and Arnold, Circuit Judges]
Criminal case - criminal law. Protective sweep was an objectively
reasonable step to secure office safety, and items seen and seized during
the sweep were admissible; officer had probable cause to seize a bag
when he observed what he believed were drugs sticking out of the bag;
assuming without deciding that plain error review is required for
defendant's issue regarding the propriety of the prosecutor's closing
arguments, the comments were improper, but the district court gave
curative instructions, and the court's failure to declare a mistrial sua
sponte was not plain error.