Joe Hernandez v. United States
FourthAmendment CriminalProcedure Privacy
Does a protective sweep of person's entire residence by law enforcement officers pursuant to 'standard procedure' upon their entry when serving an arrest warrant conflict with this Court's decision in Maryland v. Buie, 494 U.S. 325 (1990)?
QUESTIONS PRESENTED I. Does a protective sweep of person’s entire residence by law enforcement officers pursuant to “standard procedure” upon their entry when serving an arrest warrant conflict with this Court’s decision in Maryland v. Buie, 494 U.S. 325 (1990)? IL. Can a protective sweep of an entire residence that is conducted pursuant to “standard procedure” upon entry by law enforcement officers serving an arrest warrant be justified solely by the personal characteristics and affiliations of the resident named in the warrant in the absence of “probable cause to believe that a serious and demonstrable potentiality for danger exist[s]” to those at the arrest scene from another person in “the area to be swept’? Buie, 494 US. at 334, 336. 1