Maryland v. Buie
Citation: 494 U.S. 325 (1990)
Facts
Police entered Buie’s home to execute an arrest warrant. After arresting Buie, an officer went into the basement to ensure no one else was there — and found incriminating evidence in plain view. Buie argued the basement sweep was an unconstitutional search.
Issue
May police conduct a warrantless “protective sweep” of a home during an in-home arrest?
Holding
Yes, with limitations. Officers may conduct a protective sweep of the home incident to an in-home arrest if they have a reasonable belief based on articulable facts that the area swept might harbor a dangerous individual.
Rule
Protective sweep: Incident to an in-home arrest, officers may:
- Automatically sweep adjacent spaces from which an attack could be immediately launched (e.g., closets abutting the arrest scene) — no articulable suspicion required
- With articulable reasonable suspicion that a dangerous person may be lurking — sweep areas beyond the immediate arrest area throughout the home
The sweep must be narrowly confined to a quick and limited search and may last no longer than is necessary to dispel the reasonable suspicion of danger.
Significance
- Creates a middle ground between Terry (reasonable suspicion for pat-downs) and Chimel (search incident to arrest limited to grab area)
- Allows officers to ensure the area is safe during in-home arrests without a separate warrant
- Evidence in plain view discovered during a lawful protective sweep is admissible
- Requires articulable facts — general concerns about the neighborhood or criminal suspects are insufficient