MBE Rules · Criminal Procedure
Protective Sweep
Maryland v. Buie
The rule
Incident to in-home arrest, officers may look in immediately adjoining spaces automatically, and sweep further only on reasonable suspicion that a dangerous person is present — a cursory inspection of spaces where a person may hide.
In plain English
A protective sweep allows police to quickly check areas adjacent to where an arrest is made to ensure no one dangerous is hiding. They can extend their search beyond these areas if they have reasonable suspicion that a threat exists.
Worked example
Police arrest a suspect in the living room of a house. While checking the adjacent kitchen and hallway, they notice a door slightly ajar leading to the basement. Concerned about potential threats, they enter the basement and find another suspect hiding there. The evidence found is admissible due to the reasonable suspicion.
Memory hook
Sweep the space, but only if there's a trace of danger!
The trap
Exams may present scenarios where students confuse a protective sweep with a full search, leading them to misapply the reasonable suspicion standard.
How examiners test it
Questions often involve a fact pattern where officers conduct a sweep during an arrest, testing whether their actions were justified based on the presence of reasonable suspicion.
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