5.9.2

• Jurisdiction: Arizona

§ 5.9.2 Sweeps Based on Officer Safety

See Maryland v. Buie, 494 U.S. at 334 (sweep for officer safety requires “articulable facts which, taken together with the rational inferences from those facts, would warrant a reasonably prudent officer in believing that the area to be swept harbors an individual posing a danger”); State v. Fisher, 226 Ariz. 563, 250 P.3d 1192 (2011) (defendant was not yet arrested and was detained outside his home when the officers entered the home to conduct a sweep; sweep was not justified because they had no reason to believe anyone was inside, now that the defendant was under control and the three other occupants were also outside the home); State v. Kosman, 181 Ariz. 487, 491, 892 P.2d 207 (App. 1995) (Div. 1) (permitting protective sweep of house incident to person’s arrest...