{"id":5016,"date":"2010-12-23T11:28:58","date_gmt":"2010-12-24T00:55:33","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-12-23T10:50:15","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5016","title":{"rendered":"N.D.Ga.: Protective sweep under Buie<\/em> does not require an arrest warrant for entry if there is reason to fear a safety issue"},"content":{"rendered":"

A protective sweep does not require the officers be on the premises with an arrest warrant. Here, officers were let inside, but one person ran up the stairs and the officer gave chase. The person was rummaging in a bag in a closet with a gun in it. The entry into the bedroom was still reasonable under Buie<\/a>. United States v. Cordova, 2010 U.S. Dist. LEXIS 133720 (N.D. Ga. June 23, 2010), adopted United States v. Cordova, 2010 Dist. LEXIS 133752 (N.D. Ga. December 17, 2010):<\/p>\n

The Second Circuit also noted in Miller<\/a> that the majority of other courts that have addressed this issue have held that the protective sweep doctrine set forth in Buie is also applicable to other situations in which officers are lawfully in the suspect\u2019s home, even when the officers are not present in the home for the purpose of executing an arrest warrant. Miller, 430 F.3d at 99; see United States v. Martins<\/a>, 413 F.3d 139, 150 (1st Cir. 2005) (\u201cpolice who have lawfully entered a residence possess the same right to conduct a protective sweep whether an arrest warrant, a search warrant, or the existence of exigent circumstances prompts their entry.\u201d); Leaf v. Shelnutt<\/a>, 400 F.3d 1070, 1086-88 (7th Cir. 2005) (\u201c[I]t was not necessary for the officers to have made an arrest in order for their search of the apartment to be justified; the only question is whether the search was objectively reasonable.\u201d); United States v. Taylor<\/a>, 248 F.3d 506, 513 (6th Cir. 2001) (\u201c[T]he principle enunciated in Buie with regard to officers making an arrest\u2014that the police may conduct a limited protective sweep to ensure the safety of those officers\u2014applies with equal force to an officer left behind to secure the premises while a warrant to search those premises is obtained.\u201d); United States v. Garcia,<\/a> 997 F.2d 1273, 1282 (9th Cir. 1993) (officers permitted to conduct protective sweep following consent entry); United States v. Patrick<\/a>, 959 F.2d 991, 996-97, 294 U.S. App. D.C. 393 (D.C. Cir. 1992) (\u201cOnce the police were lawfully on the premises, they were authorized to conduct a protective sweep based on their reasonable belief that one of its inhabitants was trafficking in narcotics.\u201d). But see United States v. Davis<\/a>, 290 F.3d 1239, 1242 n.4 (10th Cir. 2002) (reading Buie narrowly to apply only in the context of an arrest); United States v. Reid<\/a>, 226 F.3d 1020, 1027 (9th Cir. 2000) (same).<\/p>\n

The Fifth Circuit\u2019s decision in United States v. Gould, 364 F.3d 578 (5th Cir. 2004) (en banc) is instructive[, too].<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-5016","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5016","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=5016"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5016\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5016"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5016"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5016"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}