NCJ Number
175117
Journal
FBI Law Enforcement Bulletin Volume: 67 Issue: 7 Dated: July 1998 Pages: 25-32
Date Published
1998
Length
8 pages
Annotation
This article defines a protective sweep, discusses the Supreme Court's only protective sweep decision, and reviews issues raised in lower Federal courts regarding the practice.
Abstract
A protective sweep is different from a search of the premises for a person to be arrested; once the sought person is found, any additional search must be justified on other grounds. Also, a protective sweep is not the same as a search incident to arrest, a recognized exception to the Fourth Amendment warrant requirement; the protective sweep requires reasonable suspicion of danger. A search incident to arrest is intended to protect the arresting officer from the danger posed by the arrestee and to protect destructible evidence; the protective sweep protects the arresting officer from danger posed by unknown third parties. The scope of the two searches is also different, with the protective sweep being more limited. It should be noted that some police procedures ruled permissible under Federal constitutional law are of questionable legality under State law or are not permitted at all. Notes