12/18/2023 0 Comments Call sweep meaning![]() ![]() The defendant was in cuffs and presented no danger. The police could not enter the defendant’s bedroom on the basis of a protective sweep. In order to conduct a protective sweep, there must be a reasonable suspicion that another person is in the premises and that the person is dangerous. In reversing the Court of Appeals denial of the suppression motion, the court held that the protective sweep was unlawful and specifically noted when the officers entered the home, “they did so without any information as to whether anyone was inside the house, and there is no indication that when stopped by the officers, either defendant was armed.” The court concluded that “he facts known to the officers before they performed the protective sweep fell short of what Buie requires, that is, "articulable facts" considered together with the rational inferences drawn from those facts, that would warrant a reasonably prudent officer to entertain a reasonable suspicion that the area to be swept harbors a person posing a danger to officer safety.” The officers then entered defendant's house under the guise of a “protective sweep” to determine whether there was anyone inside who might endanger their safety. Celis (2004) 33 Cal.4th 667, the defendant, suspected of drug trafficking, was stopped by police behind his house, held at gunpoint and then handcuffed and made to sit on the ground. ![]() In interpreting and applying Buie, the California Supreme Court recently held that a protective sweep which follows a detention or arrest not actually inside the residence is not per se reasonable. The Court's ruling also limited the duration of the sweep to "no longer than is necessary to dispel the reasonable suspicion of danger and in any event no longer than it takes to complete the arrest and depart the premises." Id. The court limited its holding to protective sweeps following an arrest and emphasized that a police inspection undertaken outside the immediate area of the arrest must be supported by "articulable facts which, taken together with the rational inferences from those facts, would warrant a reasonably prudent officer in believing that the area to be swept harbors an individual posing a danger to those on the arrest scene." Id. The court determined that incident to an arrest, "the officers could, as a precautionary matter 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." Id. 325, the court set forth the initial acceptable justifications for a protective sweep of a residence by police. ![]() The reader here should understand the limits of such a search. These types of searches may not be legal, but officers regularly characterize them as “protective sweeps,” perhaps because of the wide latitude such searches are afforded for officer safety. ![]() They may use it to describe a search for weapons inside a vehicle within grabbing distance of a suspect or inside a home for things in plain view. However, officers often use the term in a mistaken way. In many cases, police will arrest someone and then conduct a “protective sweep.” What is this? Is it just a gratuitous “free search” to look for more evidence of a crime? After all, if the suspect is already arrested, what authority do police have to continue searching for evidence? This can be a frustrating situation.īrief Synopsis: A protective sweep search by police is a warrantless search of an area near the suspect’s immediate vicinity for officer safety from a retaliatory attack and for anything within reach of the suspect, even if the suspect is already in handcuffs.Ī protective sweep is a search for people that can be a danger after one or more suspects have been arrested. ![]()
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