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MD: Buie permits protective sweep on arrest outside if reason to believe others inside with weapons

By John Wesley Hall, Jr.

“Although the arrest occurred outside the apartment, the police had reason to believe that an individual posing a danger to the officers was in the apartment. The victim told the police that he had been assaulted and robbed by five men, but only three men emerged from the apartment following the officers' orders for all of the occupants to exit the apartment. The crimes that the officers were investigating occurred hours earlier and involved robbery and assault at gunpoint. Moreover, the victim told the officers that both appellant and another suspect carried a gun when they answered the front door of the apartment. Neither appellant nor another suspect had a gun when they exited the apartment, and another suspect who was believed to be armed did not emerge from appellant's apartment...continue to full post

Full post as published by Fourth Amendment on May 31, 2010 (boomark / email).