Getting a warrant would be inconvenient and costly. Id., at 19. As the Court indicates, Officer Frolich might, at the time of the arrest, reasonably have "look[ed] in" the already open basement door, ante, at 334, to ensure that no accomplice had followed Buie to the stairwell. On February 5, the police executed the arrest warrant for Buie. About. Probable cause is needed in situations where one or more officers disperse throughout a home while serving a search warrant or under exigent circumstances with the intent of looking for other people who could pose a threat to the officers making the arrest. May conduct inventory search of any vehicle to be impounded. 9.1 Officer Frolich, who conducted the search, supplied no explanation for why he might have thought another person was in the basement. No. On Saturday, October 10th, we'll be doing some maintenance on Quizlet to keep things running smoothly. Here the balance leans toward safety, schools have no warrant requirement. Planes are considered automobiles for Fourth Amendment warrantless search purposes. The court stated that Detective Frolich did not go into the basement to search for evidence, but to look for the suspected accomplice or anyone else who might pose a threat to the officers on the scene. on behalf of the United States as amicus curiae, supporting the Petitioner. In Maryland v. Buie, the Supreme Court ruled that the police may not, as part of a search incident to arrest, look in areas immediately adjoining the place of arrest for … Terry, supra, at 12.2 In any event, the Court's implicit judgment that a protective sweep constitutes a "minimally intrusive" search akin to that involved in Terry markedly undervalues the nature and scope of the privacy interests involved. All of this suggests that no reasonable suspicion of danger justified the entry into the basement. the taking of a person into custody against his will for the purpose of criminal prosecution or interrogation. Schneckloth v Bustamonte. But Officer Frolich did not merely "look in" the basement; he entered it.2 That strategy is sensible if one wishes to search the basement. We are quite sure, however, that the arresting officers are permitted in such circumstances to take reasonable steps to ensure their safety after, and while making, the arrest. Listed below are the cases that are cited in this Featured Case. The Court of Appeals of Maryland held that a running suit seized in plain view during such a protective sweep should have been suppressed at respondent's armed robbery trial because the officer who conducted the sweep did not have probable cause to believe that a serious and demonstrable potentiality for danger existed. Given the state-court determination that the officers searching Buie's home lacked probable cause to perceive such a danger and therefore were not lawfully present in the basement, I would affirm the state court's decision to suppress the incriminating evidence. entails.' That same day, Prince George's County police obtained arrest warrants for respondent Jerome Edward Buie and his suspected accomplice in the robbery, Lloyd Allen. Buie further contends that, even if the warrant requirement is inapplicable, there is no justification for relaxing the probable-cause standard. The officers have no information that anyone other than Billy might be in the motel room. Maryland v Wilson. Flashcards. Justice Stevens defended the search of the vehicle's trunk, arguing that if probable cause justifies a vehicle search, then every part of the vehicle is open to inspection. The issue in this case is what level of justification the Fourth Amendment required before Detective Frolich could legally enter the basement to see if someone else was there. The ________ rule announced in Chimel provides that, pursuant to a valid arrest, the police may search the area "within the immediate control" of the arrestee. There are other contexts, however, where the public interest is such that neither a warrant nor probable cause is required. Police obtained arrest warrants for respondent Buie and a supposed accomplice. Honor Code. The secretary spoke to a female first, then to Buie himself. On February 5, the police arrested Buie in his house. Exists, they are not subject to the warrant for Buie suspecting that the motorist violating! Wilson ( 1997 ) vehicle searches: can be ordered out during the duration of the:.. `` from the basement so that no reasonable suspicion '' is found nowhere the. 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