Criminal Law/Procedure

Question 1

What is a protective sweep?

Answer 1

When executing a warrant in a home, police officers are allowed to conduct a protective sweep of the residence that they are searching to protect themselves from other possible accomplices in the residence, even if the object of the warrant has already been found. However, in the course of a protective sweep, officers may only look in areas where a person could be hiding.

Question 2

Is factual impossibility a defense to an attempt charge?

Answer 2

No

*Problem where it was, in fact, factually impossible for the man to have committed robbery because the attendant was not afraid and gave the money to the man out of sympathy rather than because of force or the threat of force.