Maryland v. Buie Lecture Notes PDF

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CRIMINAL PROCEDURE I 2020 TOPIC: Case Brief on Maryland v Buie...

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CRIMINAL PROCEDURE NOTES 2020 Maryland v. Buie:

a. Two Takeaways: 1. We allow a protective sweep while executing an arrest. a. No suspicion is needed to look at spaces immediately adjoining the place of arrest from which an attack could immediately be launched 9Closets for example) 2. To look to additional areas not immediately adjoining the scene, there must be articulable suspicion that the area harbors an individual posing danger to those present. (where a person may be found) ii. Facts may be given to trigger a broader Buie sweep of the home. (Someone else being in home for example that could pose a threat) II.

Example: a. Two police officers arrived at Nico’s home with a warrant for his arrest on charges of armed bank robbery. Nico’s neighbor said that he had seen Nico enter the house in the last thirty minutes with two other people. The officers entered the home and encountered Nico in his living room. He was placed under arrest. One of the officers went through the dining room, into the kitchen. In the kitchen there was a door to the basement and through a door down to the basement, where he observed a pistol on a shelf near the furnace. May this weapon be lawfully seized? i. OFFICER ASSUMES there are people in the home because police told him more than suspect entered house. b. Answer: YES. Buie and plain view doctrine = a justification for the officer to be in basement and application of plain view doctrine works once officer sees gun lying out as officer was lawfully in a place they could be due to the Vuie search when see gun. c. To make seizure unlawful could change facts  police arrived without warrant, pistol hidden away in case (police can open spaces big enough to hifde a person, what they are looking for, but not things that cant, neighbor didn’t mention anyone else in home (Buie Sweep), etc....