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