MD: Buie permits protective sweep on arrest outside if reason to believe others inside with weapons

“Although the arrest occurred outside the apartment, the police had reason to believe that an individual posing a danger to the officers was in the apartment. The victim told the police that he had been assaulted and robbed by five men, but only three men emerged from the apartment following the officers’ orders for all of the occupants to exit the apartment. The crimes that the officers were investigating occurred hours earlier and involved robbery and assault at gunpoint. Moreover, the victim told the officers that both appellant and another suspect carried a gun when they answered the front door of the apartment. Neither appellant nor another suspect had a gun when they exited the apartment, and another suspect who was believed to be armed did not emerge from appellant’s apartment.” Maryland v. Buie permits a protective sweep on an arrest outside the home, and this was sufficient. Murphy v. State, 192 Md. App. 504, 995 A.2d 783 (2010).

The search of defendant’s car was justified as an inventory, so Gant did not apply. Thompson v. State, 995 A.2d 1030(Md. App. 2010).*

Defendant called his federal PO drunk from a motel room he was living in and made derogatory remarks about the judges on his case, including the claim that he could “blow a man’s head off at a hundred yards with a rifle.” There was reasonable suspicion for a search of the motel room. United States v. Krug, 2010 U.S. Dist. LEXIS 52250 (M.D. Tenn. May 26, 2010).*