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- May 1990
-
-
- LEGAL BRIEF
- Maryland v. Buie
- U.S. Supreme Court Decision
-
-
- On February 28, 1990, the Supreme Court decided Maryland v.
- Buie, which involved a ``protective sweep'' performed at the time
- of Buie's arrest in his residence. Officers lawfully used force
- to enter the residence in an effort to make the arrest. A search
- of the main and second floors failed to locate Buie. An officer
- then yelled down the basement stairwell, and Buie eventually
- emerged and surrendered. Buie was arrested for a robbery
- committed by two armed men that had occurred 2 days earlier. The
- second suspect was still at large at the time of Buie's arrest.
-
- Based on a concern that others might be present who could
- pose a danger to the arrest team, an officer went down the stairs
- and scanned the basement for persons. He observed in the open
- and seized a red running suit that matched the description of one
- worn by one of the robbers. Buie contended that this running
- suit should be suppressed because the sweep of the basement after
- his arrest was an ``unreasonable search'' that violated of the
- fourth amendment.
-
- The Supreme Court held that officers lawfully making an
- arrest in premises may search any area of those premises they
- reasonably suspect could conceal persons who might pose a threat
- to the safety of the officers. Even if officers have no facts
- indicating other persons are present, they may still lawfully
- search places where persons might be concealed in the room where
- the arrest is made, in closets of that room, and other spaces
- ``immediately adjoining'' that room. Such protective sweep
- searches of ``immediately adjoining'' areas, as well as broader
- sweep searches based upon reasonable suspicion, must be cursory
- examinations limited to places where persons might be concealed,
- and must last no longer than necessary to complete the arrest and
- safely depart the premises.
-
- The Buie decision is an important affirmation of the right
- of law enforcement officers to take reasonable steps in the
- course of their duties to protect their safety. For a
- comprehensive discussion of warrantless emergency searches, see
- ``Emergency Searches of Premises,'' FBI Law Enforcement
- Bulletin, March and April 1987.