Warrantless Exception: Protective Sweeps

This post is offered as a discussion topic only and does not represent legal advice. Officers must refer to the laws in their own State as well as their agency's policies, which can be more restrictive on officers than the law requires.

Scenario: A Police officer is working as a uniformed patrol officer responding to a call of an argument between multiple roommates. As the officer speaks to one of the involved subjects inside the house, they receive information that the reporting party saw one of the roommates brandish a black handgun and yell out a death threat. The officer also hears a scuffling noise in the back room.

Can the officer conduct a protective sweep of the apartment for the armed subject?

Answer: In the case of Maryland v. Buie from 1990, the United States Supreme Court said, "The Fourth Amendment permits a properly limited protective sweep in conjunction with an in-home arrest when the searching officer possesses a reasonable belief based on specific and articulable facts that the area to be swept harbors an individual posing a danger to those on the arrest scene."

They also said, "A protective sweep, aimed at protecting the arresting officers, if justified by the circumstances, is nevertheless not a full search of the premises, but may extend only to a cursory inspection of those spaces where a person may be found."

Several things must be kept in mind while conducting a protective sweep of a residence. First, the officer must have entered the home lawfully, such as with the consent of an occupant or to serve an arrest warrant. Second, the officers must reasonably believe that there is another subject in the residence that has not made themselves known. Lastly, the officers must have a reasonable belief that the person could be a threat to officer safety. 

Remember, there is no bright line rule for protective sweeps. Instead, each incident is reviewed on a case-by-case basis. So, officers should ensure that they always document the facts thoroughly and articulate the reasonableness of the protective sweep in your report. 

This blog topic serves as a summary of our video lesson on this crucial topic. If you're interested in accessing the full video lesson and additional resources, click the link to register for your free 30-day trial.