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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.