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. 

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