Protective Sweeps After Arrest (Buie): Scope, Limits, and How Long They Can Last

Protective sweep under Buie: what it is (and what it isn’t)

A protective sweep is a quick, limited search of a dwelling conducted in connection with an arrest to ensure officer safety. Under Maryland v. Buie, it is not a full evidence search. It is a brief, cursory look only in places where a person could hide, and it ends as soon as the safety concern is dispelled.

Two Buie tiers: “adjacent spaces” vs. full sweep

• Tier 1 — Adjacent spaces (automatic, precautionary): Officers may, as a precaution, quickly look into closets and other spaces immediately adjoining the arrest location from which an attack could be launched. This does not require separate reasonable suspicion, but it remains limited to person-sized areas and must be quick.
• Tier 2 — Full protective sweep (requires facts): To go beyond adjacent spaces, officers need specific, articulable facts (with reasonable inferences) that the area to be swept harbors a person who poses a danger. This is still a cursory inspection for people only.

Scope: where officers may look (and may not)

• Permitted: Rooms, closets, behind furniture, under beds, shower enclosures—only if a person could physically hide there.
• Not permitted: Drawers, small containers, sealed boxes, or places where a person cannot fit. Lifting a mattress or manipulating objects to look for evidence is outside a sweep’s scope (unless the manipulation is necessary to ensure no person is behind/inside).
• Plain view rule: If officers lawfully see evidence during a lawful sweep, they may seize it if the incriminating nature is immediately apparent and they have lawful access; they may not manipulate items to create plain view.

Duration: how long can a sweep last?

Buie caps duration tightly: the sweep must last only as long as necessary to dispel the reasonable suspicion of danger and, in any event, no longer than it takes to complete the arrest and depart. Practically, that means measured in minutes, not an open-ended hold. The officer’s job is to move purposefully, clear only areas where a person might be, and stop once the risk is neutralized.

Triggers and “articulable facts” that justify a full sweep

Courts emphasize specific facts, not hunches. Examples include:

• Officers hear movement, voices, or see shadows from other rooms;
• Evidence of multiple occupants (extra plates, fresh cigarette, second vehicle running, multiple phones or coats, recently used guest room);
• Credible tips that an accomplice is inside;
• Danger cues (weapons parts on a table, spent casings, barricaded interior door, security monitors showing other rooms);
• Non-compliance or evasive statements about who else is present.

Key limits, edge cases, and common pitfalls

Arrests just outside the home

Several courts allow a sweep after an arrest on a porch/threshold or just outside, if officers lawfully enter and have articulable facts that a dangerous person may be inside. The idea is that the danger to officers during arrest and departure can be the same whether the arrest occurs inside or immediately outside. Still, this is fact-dependent and not automatic.

No arrest yet / non-arrest situations

Some circuits have extended Buie’s logic to situations where officers are lawfully inside for other reasons (e.g., exigency or to secure a scene while obtaining a warrant) and face a similar danger; others are more restrictive. Wherever permitted, the sweep still needs articulable facts, must be cursory, and must end quickly.

Curtilage and outbuildings

Modern formulations sometimes acknowledge sweeps of immediately connected areas (porches, attached utility rooms, small attached storage) if articulable facts show a person could be there. Detached structures are much harder to justify without stronger facts.

“Securing” a home vs. sweeping it

Buie sweeps protect officers from people. Separately, officers may in limited circumstances secure a residence to preserve evidence while obtaining a warrant (e.g., for probable destruction risk). That is a different doctrine with its own constraints and does not expand a protective sweep’s scope.

Plain view, again

If officers lawfully in a sweep see contraband or evidence in plain view, they may seize it if its incriminating nature is immediately apparent and they have lawful access. But they cannot turn a sweep into an evidence hunt by moving, opening, or manipulating objects (e.g., sliding a stereo to read a serial number) absent probable cause and a valid exception.

Operational flow (decision path)

Arrest scene established → Are there adjacent spaces (closets/alcoves) from which an attack could be launched?
  └─ Yes → Quick look (seconds) in those spaces only.
  └─ No  → Skip to “full sweep” analysis.

Full sweep needed?
  └─ Do you have specific, articulable facts suggesting a dangerous person may be present beyond adjacent spaces?
       └─ Yes → Conduct a cursory, person-only check of defined areas.
       └─ No  → Do not sweep beyond adjacent spaces.

During sweep:
  • Look only where a person could be.
  • Do not open small containers/drawers.
  • If evidence is in plain view, you may seize it if lawful.

Stop conditions:
  • Danger dispelled OR
  • Arrest completed and officers depart (whichever comes first).
  

GUIA RÁPIDO (Quick Guide)

• Purpose: Officer safety, not evidence collection.
• Adjacent spaces: Automatic, brief, person-only check right next to the arrest.
• Beyond adjacent: Need reasonable, articulable facts of a dangerous person.
• Scope: Only places a person can hide; no drawers/containers.
• Plain view: Seize visible evidence only if its illegality is immediately apparent and you have lawful access; don’t manipulate objects to create “plain view.”
• Duration: Minutes, not hours—no longer than necessary to dispel danger; in any event, no longer than it takes to complete the arrest and depart.
• Documentation: Record the specific facts that justified the sweep and its start/stop times and path.

FAQ

1) Can officers open a closed interior door during a sweep?

Yes—if a person could be behind it and the sweep is otherwise justified. The check should be brief and limited to confirming whether someone is present.

2) Can a sweep continue while other officers take the arrestee outside?

Only as long as needed to dispel danger and while officers are lawfully on scene for the arrest. Once the safety concern ends or officers complete the arrest and depart, the sweep must stop.

3) What if officers find drugs on a dresser during a lawful sweep?

If the drugs are in plain view and the officers are lawfully present, they can generally seize them. They cannot open drawers or manipulate items to look for drugs during a sweep.

4) Are sweeps permitted when the arrest occurs just outside the door?

Many courts allow a limited sweep if articulable facts show a dangerous person may be inside, but it is not automatic. The same person-only, quick-end limits apply.

5) Can officers sweep a detached garage?

Usually no, absent strong facts. Buie is narrow; detached structures generally need more justification or a warrant/other exception.

6) Can officers “secure the home” to await a warrant after the sweep?

That is a different doctrine (temporary seizure to preserve evidence). It requires its own justification (e.g., probable cause and reasonableness) and does not expand the sweep’s scope.

7) What about vehicles?

Buie concerns homes. Vehicle safety checks stem from Michigan v. Long (a Terry-style frisk of the passenger compartment) and are analyzed separately.

8) Does the seriousness of the offense matter?

It can—violent offenses or weapons offenses can contribute to articulable danger, but officers still need facts tied to the scene showing a person may be present.

9) Can officers use thermal cameras or technology during a sweep?

No. A sweep is a quick, visual, human-scale check for people. Specialized tech raises separate Fourth Amendment questions and is outside Buie’s narrow allowance.

10) How should officers document a sweep?

Note the facts that justified it, areas checked (limited to person-sized spaces), start/stop times, and any plain-view evidence seized. Clear, contemporaneous notes help courts assess reasonableness.

Technical basis and legal notes

• Protective sweep definition & duration: A protective sweep is a quick, limited, person-only inspection; it lasts no longer than necessary to dispel danger and, in any event, no longer than it takes to complete the arrest and depart.
• Two-tier framework: (1) Adjacent spaces next to the arrest may be checked as a precaution; (2) Beyond adjacent requires reasonable, articulable facts that a dangerous person may be present.
• Scope limit: Only where a person can hide; containers/drawers are off-limits during a sweep.
• Plain view during sweeps: Seizures are permitted when officers are lawfully present and the item’s illegality is immediately apparent; manipulation to create plain view is not allowed.
• Outside arrests, curtilage, and modern articulation: Many courts permit sweeps tied to arrests just outside or when officers are lawfully on scene and face danger, but the sweep remains brief, person-only, and fact-driven.
• Securing premises while awaiting a warrant: Separate doctrine allowing temporary control to prevent evidence destruction in limited circumstances; it does not enlarge a Buie sweep.