"Protective Sweep" of Arrestee's Home To Search for Armed Confederates

JurisdictionMaryland

VIII. "Protective sweep" of arrestee's home to search for armed confederates

The "protective sweep" aspect of search incident permits officers to search beyond the area of immediate control when validly searching for "confederates" of the arrestee. In Maryland v. Buie, 494 U.S. 325, 334-36 (1990), the Supreme Court held that if police have reasonable suspicion to believe that (a) the arrestee has one or more confederates; (b) a confederate is on the premises; and (c) confederate(s) is (are) armed and...

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