The arrest is made in the living room. How much of the house can you clear? Maryland v. Buie draws two very different lines.
What did Maryland v. Buie decide?
Incident to an arrest in a home, officers may as a precaution and without probable cause or reasonable suspicion look in closets and other spaces immediately adjoining the place of arrest from which an attack could be immediately launched. A sweep beyond those spaces requires articulable facts that would warrant a reasonably prudent officer in believing the area harbors an individual posing a danger. Either way the sweep must be a cursory visual inspection, no longer than necessary to dispel the suspicion and to complete the arrest and depart.
Maryland v. Buie, 494 U.S. 325 (1990) — read the opinion on CourtListener.
What does Buie allow?
- An automatic look into closets and spaces immediately adjoining the arrest location
- A broader sweep of the residence on articulable facts suggesting a dangerous person is present
- Seizing contraband seen in plain view from a place you’re lawfully entitled to be during the sweep
What does it NOT allow?
- A full search for evidence under the banner of a sweep
- Opening drawers, containers, or anywhere a person could not be hiding
- Continuing the sweep after the arrest is complete and there’s no longer a basis to remain
- Using the sweep as the reason to enter — Buie presumes you’re already lawfully inside making an arrest
How it plays out on the street
Two rules, and reports routinely blur them. The adjoining-space look needs no justification, so say plainly that the closet was immediately adjoining. Everything past that needs facts you can name: a third car in the driveway, a voice from upstairs, the caller’s report that two men entered. Then keep it to what it is — looking for people, cursory, and over when the danger is dispelled. Anything you open that a person couldn’t fit inside is a search, not a sweep, and it’ll be litigated as one.
Frequently asked questions
Do you need suspicion for a protective sweep?
Not for spaces immediately adjoining the arrest location. A sweep beyond those spaces requires articulable facts that a dangerous person may be there.
Can you seize evidence found during a protective sweep?
Yes, if it's in plain view from somewhere you're lawfully permitted to be during a properly limited sweep.
Related cases
- Michigan v. Long (1983): Can Police Frisk a Car for Weapons?
- Kentucky v. King (2011): Knock at the Door, Sounds of Evidence Being Destroyed
- Lange v. California (2021): Can Police Follow a Fleeing Misdemeanor Suspect Into a Home?
Carry the rule, not the guesswork. Every case in StreetSense is broken down like this — bottom line, limits, and the exact citation — verified against the real opinion and available fully offline on shift. Start the free trial.
StreetSense is an educational reference for law enforcement, not legal advice. Federal cases set the floor — your state constitution, statutes, and department policy can impose stricter limits. Always follow your state’s rule and your agency’s policy.
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