Brief Fact Summary. After arresting the Respondent, Buie (Respondent), a police officer enter the Respondent’s basement to perform a protective sweep. While performing the protective sweep, the officer discovered evidence that aided in the Respondent’s conviction.
Synopsis of Rule of Law. When police have a reasonable belief that a serious danger exists, they are allowed to carry out a protective sweep.
Even in high crime areas, where the possibility that any given individual is armed is significant, Terry requires reasonable, individualized suspicion before a frisk for weapons can be conducted.View Full Point of Law
Issue. Is probable cause that a serious danger exists required before police perform a protective sweep after arresting a person in his home?
Held. No. Only a reasonable belief (reasonable suspicion) that a serious danger exists is required before police perform a protective sweep after arresting a person in his home.
Dissent. Probable cause should be the standard applied for protective sweeps because of the sanctity of the home, and level of intrusion that is caused by a protective sweep
Discussion. Under the Fourth Amendment, searches going beyond the scope of a warrant are allowed when the search is objectively carried out for the safety of police.