protective-sweep

17 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-6593 Juan Guerrero v. United States First Circuit 2025-02-19 Denied Response WaivedIFP circuit-court-review fourth-amendment officer-safety protective-sweep suppression-ruling vehicle-search Whether the First Circuit erred in reversing the District Court's suppression ruling by holding that an officer's actual fear for their safety is not …
24-372 William Robert Taft v. Colorado Colorado 2024-10-02 Denied Response Waived criminal-procedure fourth-amendment probable-cause protective-sweep unreasonable-search warrant-requirement Whether the Colorado Court of Appeals reversibly erred by expanding the protective sweep exception to the Fourth Amendment warrant requirement beyond …
23-7751 Montel Westley v. United States Sixth Circuit 2024-06-18 Denied Response WaivedIFP affidavit civil-procedure-4th-amendment-search-warrant-affid due-process perjury protective-sweep search-warrant warrant-execution Question not identified
23-7734 Reshod Jamar Everett v. United States Fourth Circuit 2024-06-17 Denied Response WaivedIFP criminal-procedure fourth-amendment fourth-amendment-rights law-enforcement maryland-v-buie probable-cause protective-sweep reasonable-belief warrantless-search fourth-amendment
23-5428 Hector Gastelum Valenzuela v. United States Fifth Circuit 2023-08-24 Denied Response WaivedIFP 4th-amendment exigent-circumstances fourth-amendment law-enforcement motel-room motel-search probable-cause protective-sweep search-and-seizure warrantless-search Whether the mere presence of a person in a motel room—that officers believe contains drugs and a gun—creates exigent circumstances sufficient to justi…
22-7629 Jose Luis Nunez v. United States Ninth Circuit 2023-05-24 Denied Amici (1)Response RequestedResponse WaivedRelisted (2)IFP circuit-split exigent-circumstances fourth-amendment inevitable-discovery probable-cause protective-sweep search-and-seizure warrant-requirement warrantless-search Whether police may enter and perform a 'protective sweep' of a home not proximate to an arrest scene and when they lack affirmative information sugges…
22-6378 Angela Dee Garges v. United States Eighth Circuit 2022-12-22 Denied Response WaivedIFP dwelling-search fourth-amendment law-enforcement maryland-v-buie probable-cause protective-sweep reasonable-suspicion search-and-seizure Whether the Eighth Circuit Court's determination that law enforcement officers may search an entire dwelling without probable cause or reasonable susp…
21-7324 Caleb Guerrier v. United States Third Circuit 2022-03-09 Denied Response WaivedIFP exigent-circumstances fourth-amendment home-arrest law-enforcement-procedure protective-sweep reasonable-suspicion search-and-seizure warrant-exception warrant-requirement 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…
21-1190 Ramon Rios, III v. Texas Texas 2022-02-28 Denied Response RequestedResponse WaivedRelisted (2) 4th-amendment arrest fourth-amendment home-search law-enforcement plain-view-doctrine protective-sweep surveillance warrantless-search Does the Fourth Amendment prohibit a warrantless protective sweep of a home following the arrest of a resident outside his home under surveillance?
21-5364 Tyrone Cammon v. United States Sixth Circuit 2021-08-13 Denied Response WaivedIFP 4th-amendment arrest-warrant civil-rights fourth-amendment minnesota-v-olson payton-v-new-york probable-cause protective-sweep search-and-seizure steagald-v-united-states third-party-residence warrantless-entry Whether Steagald v. United States protects an arrestee in a third party's residence
21-5230 Maurice Stewart v. United States Sixth Circuit 2021-07-28 Denied Response WaivedIFP circuit-split felon-in-possession knowledge-of-status plain-error-review protective-sweep rehaif-v-united-states Whether a circuit court of appeals errs in relying on a petitioner's stipulation of prior felony conviction to infer the petitioner had knowledge of h…
20-7290 Michael Scott Hanuman v. United States Eighth Circuit 2021-03-02 Denied Response WaivedIFP criminal-procedure emergency-aid emergency-aid-doctrine fourth-amendment law-enforcement protective-sweep reasonable-suspicion search-and-seizure Does the Fourth Amendment permit law enforcement officers to conduct a protective sweep search of a private home under the Buie 'reasonable suspicion'…
20-5960 Joe Hernandez v. United States Fifth Circuit 2020-10-08 Denied Response WaivedIFP arrest-warrant constitutional-rights fourth-amendment law-enforcement maryland-v-buie probable-cause protective-sweep search-and-seizure standard-procedure Does a protective sweep of person's entire residence by law enforcement officers pursuant to 'standard procedure' upon their entry when serving an arr…
19-7432 Edwin David Calligan v. Indiana Indiana 2020-01-27 Denied Response WaivedIFP 4th-amendment civil-rights fourth-amendment michigan-v-long officer-safety protective-sweep reasonable-suspicion search-and-seizure traffic-stop vehicle-search Whether officers can reasonably fear a suspect will retrieve a weapon after being told he is free to go
18-8943 David Raphael Concepcion v. United States Eleventh Circuit 2019-04-22 Denied Response WaivedIFP 4th-amendment arrest arrest-incident constitutional-provision criminal-procedure home home-search law-enforcement maryland-v-buie police-powers protective-sweep search-and-seizure Whether the holding of Maryland v. Buie applies to protective sweeps incident to arrests made just outside a home
18-7309 Kevin Balfour v. United States Sixth Circuit 2019-01-08 Denied Response WaivedIFP civil-rights constitutional-rights exclusionary-rule fourth-amendment home-invasion inevitable-discovery police-procedure protective-sweep search-and-seizure warrant-requirement warrantless-search Does the inevitable-discovery doctrine unlawfully and/or improperly expand the limits of the protective-sweep exception to the Fourth-Amendment right …
18-5267 Arthur Waters v. United States Eighth Circuit 2018-07-18 Denied Response WaivedIFP 4th-amendment categorical-exception drug-distribution exigent-circumstances fourth-amendment in-home-arrest precedent protective-sweep reasonable-suspicion search-and-seizure Should Buie be expanded to permit protective sweeps in all cases involving in-home arrests of suspected drug distributors?