Protective sweep

'Maryland v. Buie' (1990) 494 U.S. 325, created the doctrine of the "protective sweep." A protective sweep is a "quick and limited search of premises, incident to an arrest and conducted to protect the safety of police officers and others." (Maryland v. Buie (1990) 494 U.S. 325, 327.) It is a "cursory visual inspection of those places in which a person might be hiding." (Maryland v. Buie (1990) 494 U.S. 325, 335.)

A protective sweep should be based upon reasonable suspicion. A protective sweep cannot be justified by only "officer safety." (People v. Ormonde (2006) 143 Cal.App.4th 282.) (People v. Werner (2012) 207 Cal.App.4th 1195.) (People v. Celis (2004) 33 Cal.4th 667, 678.) (People v. Troyer (2011) 51 Cal.App.4th 599, 606–607.)

A protective sweep may be done leading up to a probation search. (People v. Ledesma (2003) 106 Cal.App.4th 857.) (People v. Pleasant (2004) 123 Cal.App.4th 194.) (People v. Yi Chih Chen (2020) 50 Cal.App.5th 952.)

Warrant needed after subsequent re-entry after protective sweep. (People v. Dyke (1990) 2224 Cal.App.3d 648.)