Facts
- Two men robbed a pizza restaurant in Prince George’s County, Maryland; one wore a red running suit.
- Police obtained an arrest warrant for Jerome Edward Buie and placed his home under surveillance.
- Officers entered Buie’s home to execute the warrant and positioned themselves on different floors.
- After officers called for anyone in the basement to come out, Buie emerged from the basement and was arrested, searched, and handcuffed.
- An officer then entered the basement to check for other persons and, during this sweep, saw and seized a red running suit in plain view.
- The red running suit was introduced at trial to link Buie to the robbery.
Issues
- Whether the Fourth Amendment permits a limited “protective sweep” of a home incident to an in-home arrest without probable cause.
- What level of suspicion, if any, is required to look into spaces near the arrest location and to extend a sweep to other areas of the home.
- What scope and duration limits the Fourth Amendment imposes on any protective sweep.
Decision
- The Supreme Court vacated the state court judgment that required probable cause and remanded for application of the correct standard.
- The Court held that officers may conduct a properly limited protective sweep incident to an in-home arrest when they have a reasonable belief, based on specific and articulable facts, that the area harbors an individual posing a danger.
- The Court also held that officers may, without probable cause or reasonable suspicion, look into closets and other spaces immediately adjoining the place of arrest from which an attack could be launched.
- The Court required that any protective sweep be limited to a cursory inspection of places where a person could be found and last no longer than necessary to dispel the suspicion of danger, and in any event no longer than the time needed to complete the arrest and leave.
Legal Principles
- A “protective sweep” is a safety measure incident to an in-home arrest, not a full search for evidence.
- Officers may check immediately adjoining spaces near the arrest site as a precaution, without additional individualized suspicion.
- To sweep beyond immediately adjoining spaces, officers must have specific and articulable facts, with rational inferences, supporting a reasonable belief that a dangerous person may be present in the area to be swept.
- The sweep must be confined to areas where a person could be located and must be brief, ending once the danger concern is dispelled or the arrest scene is concluded.
Conclusion
The Court recognized a limited protective-sweep doctrine incident to in-home arrests: officers may make a precautionary check of immediately adjoining areas without additional suspicion, but broader sweeps require reasonable, articulable suspicion that a dangerous person is present and must remain strictly limited in scope and duration.