Maryland v. Buie

In the case, the Court held that the Fourth Amendment permits a properly limited protective sweep in conjunction with an in-home arrest when the searching officer possesses a reasonable belief based on specific and articulable facts that the area to be swept harbors an individual posing a danger to those on the arrest scene.

Following an armed robbery of a Godfather's Pizza restaurant during which one of the robbers wore a red running suit, police officers in Prince George's County, Maryland obtained arrest warrants for Jerome Edward Buie and Lloyd Allen.

In upholding the legality of the entry into the basement and subsequent seizure of the running suit, Justice White relied on Terry v. Ohio, 392 U.S. 1 (1968) (permitting officers to conduct frisk of individual upon reasonable, articulable suspicion that person was armed and dangerous), and Michigan v. Long, 463 U.S. 1032 (1983) (permitting protective pat-down of motor vehicle for officer safety).

Justice White set forth a two-part holding: Justice White distinguished the case of Chimel v. California, 395 U.S. 752 (1969), which held that in the absence of a search warrant, justifiable searches incident to a lawful arrest could not extend beyond the arrestee's person and the area from within which the arrestee might have obtained a weapon.

It is not automatically permitted, and is only properly conducted only when justified by a reasonable, articulable suspicion that the house is harboring a person posing a danger to those on the arrest scene.

He argued that essentially, because Terry and Long involved situations where criminal defendants were in locations which are afforded significantly less protection than the inside of a private residence, extending the doctrine in the manner that the majority did was inappropriate.