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N.D.Ind.: The smaller the place, the more likely the whole place can be swept under Buie

By John Wesley Hall, Jr.

"Immediately adjoining" area for a protective sweep under Buie permitted sweep of kitchen when defendant was arrested in the adjoining room and even though the officers had no individualized suspicion that somebody else was present. The smaller the place, the more likely the whole place can be swept. Also, defendant asked the officer to get pants for him to wear to jail, and that sent the officer through the kitchen. United States v. Brookshire, 2009 U.S. Dist. LEXIS 1140 (N.D. Ind. January 8, 2009): Because the Defendant focuses on the second type of Buie sweep, he does not specifically address the area that he considers the place of his arrest or dispute that the kitchen was immediately adjoining the hallway in which he asked a deputy to go to get his pants...continue to full post

Full post as published by Fourth Amendment on January 11, 2009 (boomark / email).