When can police conduct a protective sweep inside a home without a search warrant?

In this episode of Cuffs & Case Law, we break down Maryland v. Buie (1990), the Supreme Court case that established the modern rules governing protective sweeps during in-home arrests.

Protective sweeps are one of the most important officer-safety doctrines in Fourth Amendment law—but they are also one of the most misunderstood. The Supreme Court drew a clear line between a lawful protective sweep and an unconstitutional search for evidence.

🔍 What You'll Learn:

• What a protective sweep is
• The difference between a protective sweep and a search
• When officers can automatically check adjoining spaces
• When reasonable articulable suspicion (RAS) is required
• The connection between Terry v. Ohio and protective sweeps
• Why officer safety—not evidence collection—is the purpose of a sweep
• How long a protective sweep may last
• The constitutional limits established by Maryland v. Buie

⚖️ The Maryland v. Buie Rule:

• Automatic Sweep: Officers may check spaces immediately adjoining the place of arrest from which an attack could be launched.

• Extended Sweep: Officers may search beyond adjoining spaces only when specific and articulable facts create a reasonable suspicion that a dangerous person may be present.

• Limitations: A sweep must be quick, limited in scope, and confined to places where a person could reasonably hide.

📚 Cases Discussed:

• Maryland v. Buie (1990)
• Terry v. Ohio (1968)
• Michigan v. Long (1983)

🎯 Why This Case Matters:

Maryland v. Buie remains the controlling Supreme Court authority on protective sweeps and continues to shape how officers safely conduct arrests inside homes while remaining within the limits of the Fourth Amendment.

Whether you're a police officer, criminal justice student, attorney, or simply interested in constitutional law, this episode provides a practical explanation of one of the most important officer-safety doctrines in modern policing.

We read case law so you don't have to.

🔗 Cases:

Maryland v. Buie:
https://supreme.justia.com/cases/federal/us/494/325/

Terry v. Ohio:
https://supreme.justia.com/cases/federal/us/392/1/

Michigan v. Long:
https://supreme.justia.com/cases/federal/us/463/1032/

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