Caleb Guerrier v. United States
FourthAmendment CriminalProcedure
Whether the search of the second floor of the petitioner's home was within the 'protective sweep' exception to the warrant requirement when the police did not have information of another dangerous person present
QUESTION PRESENTED When arresting someone in a home, police may search immediately adjoining spaces from which they could be directly attacked. To search other areas, however, police must have reasonable suspicion that: (a) another person is present; and (b) that person is dangerous. Police arrested Petitioner inside the first-floor doorway to his home. Without information of another dangerous person, was the search of the second floor within the “protective sweep” exception to the warrant requirement? i