People v. Tobias Boyland


Issue before the Court:  Whether, in executing a search warrant for a lower floor apartment, the police properly conducted a "protective sweep" on an upper floor.

Held:  "Whether a protective sweep is justified under particular circumstances involves a mixed question of law and fact" beyond the Court's powers of review, which is limited to issues of law. The defendant's appeal is dismissed.

CAL observes: On SSM review, and without providing any reasoning or citing any case, the Court has now added one more category of issue that is immune from Court of Appeals review.